Page 32 - เอกสารประกอบการประชุมวิชาการ ครั้งที่ 23

การประชุมวิชาการ 1
สถาบันพระปกเกล้า ครั้งที่ 23
ประชาธิปไตยในภูมิทัศน์ใหม่

ways that give more power to the judiciary to check the constitutionality of other

organizations. In many countries, constitutional court rulings may be technically
speaking unlawful because the constitution does not expressly stipulate that the
court has the power to make such rulings, but after considering the context and
reasoning of the court the judgements are considered legitimate. This phenomenon

poses a challenge to the conventional concept that legitimacy, which belongs to the
representatives and people, can be possessed by a judicial body.

This group will discuss what proper reasons or contexts create credibility and
legitimacy for the judiciary to get involved in politics, the determination of powers

and duties of constitutional organizations, and in what direction the judiciary should go.

Main topics:

1) The role of the judiciary and reasoning behind political judgments in other
countries (e.g. judgements affecting government action, revocation of

referendum results, or rulings that result in the revocation of parliamentary
resolutions) and the impacts on the judiciary and the democratic
landscape in those countries when such judgements are made.

2) The context that creates legitimacy for the judicial body in political rulings in
terms of historical and political contexts, power, and the foundation of
judicial bodies, as well as the conditions that make illegal rulings justified
as “legal” (legality vs. legitimacy).

3) Recommendations on the structure, powers, and roles of the
Constitutional Court and the Administrative Court in Thailand.

Group Discussion 4

Governance and Crisis Management

Amidst the changes over the past decades, countries around the world are
facing challenges that emerge from the volatility of the economy, society, politics,
and digital technology. These changes have created new challenges in governance.
People have questioned and urged for more effective and modern governance to

address non-traditional security issues and disaster situations, which these days take
increasingly diverse and challenging forms. This situation has been highlight by
Covid-19, reflecting weaknesses in governance.