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The term “Rule of Law” has been defined by
several authors. One excellent definition is, “all persons
and authorities within the state, whether public or private,
should be bound by and entitled to the benefits of laws
1
publicly made… and publicly administered in the Courts.”
In Thailand, “Rule of Law” is seen as a principle above
the written law, in other words, the law passed by the
Parliament; every authority within the state has to be
2
compliant to the principle of Rule of Law. The Rule of
Law determines the organization of the law in order to
prevent arbitrary application of law without fair criteria.
This concept was developed in England, where Common
Law, or unwritten law, is used. Later, on the European
continent where Civil Law is used, and in America, similar
principles called the “Legal State” and “Due Process of

1 Justice Tom Bingham 2010, The Rule of Law.
2 Thanin Kraivichien 2009, Lak Nittitham.