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The Rule of Law for the Constitutional Court of the Kingdom of Thailand 369

the external pressure especially the executive branch. There is a
fair and open hearing in a reasonable period before judgement.
There is recognized in independent legal profession that is legally
empowered, willing to provide the legality in judical process. So, the
judical decision must be effectively implemented and respected
of “Res Judicata”.
For example, the Constitutional Court judgement
No. 12 - 13/2008 in 9 September 2008 concerning with the
th
Prime Minister’s malpractice in the conflict of interest.
In fact, the Prime Minister (Mr. Samark Sunthara Vath)
received the special money or benefit from the company by
advertising goods at T.V. program for many times. It was certify that
the Constitutional Court had the evidence of his tax document.
Therefore, the Prime Minister vacated his office by the ethics of
person holding political position.
6.4 The Respect for the Human Rights
The Constitutional Court of the Kingdom of Thailand
hold on the human right standards. With the provision of the
Constitution, Unjust discrimination against a person on the grounds
of differences in origin, race, language, sex, age, disability, physical
or health condition, personal status, economic or social standing,
religious belief, education or political view shall not permitted.
The indicators of the human rights can be useful for formulating
policies and state organ rules.
For example, the Constitutional Court judgement
rd
No. 15/2012 in 13 June 2012 concerning with the disability
person would like to take the exam for the judge candidate.
In fact, the disability person (Mr.Sirimith Boonmoon),
graduated in Law degree and would like to take the exam for the
judge candidate but the exam committees did not allow him to
test the exam because of the judiciary official rule act 2000 was

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