The Legacies of the Past in the Modern Rule of Law in Thailand（2018_2_40_026）
In the past decade, the more polarized politics is, the more politicized the legal system. Is the Thai legal system to protect individual and civil rights from the state’s abuse of power as in the normative rule of law? This project argues that the modern Thai legal system since the early 20th c. has been a hybrid between the European influenced legal system and the legacies of the pre-modern legal traditions with particular authoritarian characteristics that reflect its historical development in the past 150 years. The hybridity appears most evidently in the laws, institutions, apparatuses, and the ideology regarding the national security. In order to identify the characteristics of the hybrid legal system that is quite different from the one in the developed countries, in this project, I will examine two issues in particular, namely, the impunity privilege and the ab/use of the lese majesty charge.
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