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Tue, March 6, 2007 : Last updated 22:36 pm (Thai local time)



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Home > Politics > Judges best left for judicial matters, Ackaratorn says





Judges best left for judicial matters, Ackaratorn says

Supreme Administrative Court president Ackaratorn Chularat said he opposes the new constitution giving judges powers other than the judicial ones they have now.

Ackaratorn, who has been involved in drafting three constitutions, believes it is inappropriate for the boundaries of any of the branches of government - the executive, legislature or judiciary - to be blurred.

It is acceptable for judges to be given positions of responsibility outside the courtroom when the country is in crisis - like now.

However, he believes they must step down when the situation returns to normal and, in today's environment, that means when a new constitution is in place.

Ackaratorn expressed concern over a bid to promote independent bodies as the "fourth branch" of government and award them all the powers of the other three branches.

"No single organisation should be allowed to exercise the powers of the three branches or there will be abuses," Ackaratorn said.

Reacting to controversial calls for a national religion, he said the issue had been debated during the writing of previous charters and settled. It should not be resurrected at the risk of social division.

He said it was impossible to satisfy the demands of every group in a constitution, and drafters needed to keep their eye on what was best for the country as a whole.

He said it would be unwise to look to other countries for ideas without understanding how their constitutions evolved.

Ackaratorn was involved in the drafting of three past constitutions - 1974, 1978 and 1997. All three were written after major political changes.

After the September coup, Ackaratorn was appointed vice president of the Constitution Tribunal. It is hearing electoral fraud cases against the Democrat and Thai Rak Thai parties and three small political entities.

In response to speculation that the two largest parties would be dissolved after a tribunal ruling designed to be "fair", Ackaratorn said political bargaining was not involved. The verdict would depend "purely on the evidence", he said, adding, "It's not necessary for both parties to go."

The tribunal, he said, could not be lobbied or swayed. Those who followed the cases would "agree" with its rulings.

Ackaratorn, who turns 67 next month, has headed the Administrative Court since its inception in March 2001. The court marks its sixth anniversary on Friday.

Speaking to The Nation at his office, Ackaratorn outlined plans to improve the efficiency of judges and court personnel, and case management. These include adopting technology and new equipment, establishing a judicial development institute and "Thailand's most comprehensive library of public laws". This will happen when the court moves to its new premises in the Chaeng Wattana area next year.

There is a move to analyse and categorise cases tried by the court to date. Handbooks based on this will be produced to help judges and case officials.

Some 34,419 cases had been submitted to the Supreme Administrative Court and the eight regional Administrative Courts by the end of last year. Of these, 25,604 cases - almost 75 per cent - have been ruled on.

For Ackaratorn it was a "great virtue" to dispense justice. "The duty of a judge is to render justice to people equally. Chaos in our society results partly from people who do not receive justice.

"If you are able to provide them with justice, it is a great virtue that no other action can equal," he said.

In November, the Supreme Administrative Court will host the ninth congress of the International Association of Supreme Administrative Jurisdiction.

Kornchanok Raksaseri,

Kittipong Thavevong

The Nation








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