The Judicial System in Justice Process of the Thai Sangha

Abstract

This academic article aims to explain the court system and the judiciary of justice process of Thai Sangha under the Sangha Supreme Council of Thailand and the Sangha Act B.E.2505, amendment (NO. 2), B.E. 2535. It presents the characteristics of the Sangha's governance, the court system, evidence and truth-seeking in the Sangha's justice process including the analysis of the relationship between the government and the judicial system of the Sangha and discussing the system of centralization, namely executive, legislative and judicial powers into a single ruling primate position which the primate will have executive power. Meanwhile, he can issue administrative orders and served as a judge of the Sangha at the same time in order to speed up the performance of duties. However, administration or trial including Niggahakamma (punishment) are intended to maintain the stability of the government power rather than direct consideration. Therefore, if the judicial power is separated from the primate to the deputy primate who is considered an official under the Code of Law. He can perform duties on behalf of the ruling primate. It is considered to lighten the burden of the ruling primate and increase the role of Sangha affairs administration to the deputy primate to rule more. The transfer of power may be difficult. If there is a push from the ruling primate and related agencies, it may occur in the future.