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368 Dr.Punya Udchachon

6.2 The Legal Certainly
The principle of the legal certainly is essential to the

confidence in the judicial system and the rule of law. To achieve this
14
confidence, the state must make the law easily accessible and
foreseeable. The Legal certainly requires that the legal rules are clear
and precise and also that rules are implemented in practice. So, the
legal certainly means the law in done by academic research and
implemented in practice before adopting it.
For example, the Constitutional Court judgement

th
No.15-18/2014 in 20 November 2014 concerning with the
Constitution amendment that a person has rights to protect
the Constitution.
In fact, the government parties acting in the Parliament
body tried to amend the Constitution. The Constitution amendment
draft had the context to acquire the power to rule the country by
any means which was not in accordance with the modes provided
in the Constitution. This Constitution draft tried to amend the Senate
qualification that to be meaning to overthrow the democratic

regime of the government with the King as Head of State under the
Constitution. Therefore, the Constitutional Court had the decision
that the Constitution draft was inconsistent with the Constitution.
6.3 The Access to Justice
The access to justice means the social equity, the regional
accessibility, the independent, and the impartial courts. The role
of the Constitutional Court is essential based on the rule of law

that it is the guarantor of justice in a fundamental value in the law.
The judiciary must be independent and impartial that it is free from

14 The Council of Europe and the Rule of Law. An overview. CM (2008) 170 21 November
2008 - paragraph 51

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