INNOVATION IN THE ESTABLISHMENT OF THE SANGHA COURT AND THE METHOD OF CONSIDERING CASES OF VIOLATIONS OF THE BUDDHIST

Abstract

This article aimed to conduct a comparative study of Thai law and foreign laws concerning ecclesiastical courts and procedures relating to monastic cases in order to foster Buddhist innovation in Thailand. The study employed a mixed-methods approach by examining data from documents, in-depth interviews with 10 experts, and focus group discussions with 20 participants, all of whom were purposively selected. The data were analyzed using content analysis, descriptive analysis, and comparative analysis under the conceptual frameworks of the rule of law, equality, and procedural justice. The research findings revealed that the current system for handling monastic cases in Thailand remained under the ecclesiastical disciplinary mechanisms prescribed by the Sangha Act B.E. 2505 (1962) and the internal administration of the monastic order, which functioned more as an administrative system than as a specialized judicial system. As a result, it presented limitations in terms of objectivity, transparency, and clearly codified procedural standards, particularly in the context of contemporary society that emphasized the rule of law, human rights principles, and mechanisms of checks and balances. In comparison, several countries in which religion was a principal institution of society had developed religious courts or adjudicative bodies with clear structures, established procedural steps, appellate processes, and systematic coordination with state courts in cases involving criminal offenses. This reflected a tendency toward integrating religious principles with state law under the framework of justice and public accountability. The key findings indicated that Thailand should consider developing a system for adjudicating monastic disciplinary cases as a specialized court or quasi-judicial body with clearly defined standards in order to enhance credibility and create a balance between the preservation of monastic discipline and modern legal principles, which would serve as a foundation for institutional Buddhist innovation appropriate to the Thai context.