A necessary check and balance

Constitutional Court president Wasan Soypisudh’s resignation represents a loss of someone your story correctly describes as a brilliant law student and judge.

Only about 5 per cent of Thai law-school graduates pass the bar exam and become barristers, who are qualified to become judges. The Constitutional Court judges were selected in an election among Supreme Court judges in general assembly, by secret ballot from their own ranks, by Administrative Court judges from their own ranks, and experts by a selection committee and confirmed by the Senate. So, they are the best of the best.

A few Thai politicians and their supporters protest against the courts whenever they rule against them, claiming they were democratically elected (as were Marcos and Hitler) and implying that they can do anything they want. It is this view that is undemocratic.

The retirement of this sterling judge is a reminder of the importance of the checks and balances provided by independent institutions, a system that distinguishes Thailand from its less-democratic neighbours. Despite what some affected politicians say, the courts are respected by the Thai public and their rare readings of important opinions serve to educate the public about the rule of law in society, as well as being positive role models.

The Brain

Bangkok