Page 33 - kpiebook65043
P. 33

สรุปการประชุมวิชาการ
                                                                               สถาบันพระปกเกล้า ครั้งที่ 23   33
                                                                                   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.
   28   29   30   31   32   33   34   35   36   37   38