Courting reform

Charter court president backs changes to the way judges are chosen, but denies the bench engages in 'lawfare', writes Karnjana Karnjanatawe

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rof Nakharin Mektrairat, president of the Constitutional Court, backs revising the selection process of his court's judges, signalling the need for structural improvements to strengthen judicial independence and transparency.

Drawing on his background as a former vice rector, political science professor at Thammasat University, and member of two constitution-drafting committees, Prof Nakharin says that while reforms must come through constitutional amendment, the system warrants review. Although he refrains from detailing specific changes while still in office, his position underscores a growing recognition within the judiciary of the need for a new look.

What would you say to those who describe the court as political?

It would be inaccurate to call us a political court. The court exists to rule exclusively on matters relating to the constitution. That is its sole mandate and function.

What qualifies as a constitutional case?

Cases involve disputes or legal conflicts that arise from actions or laws believed to contravene the provisions of the constitution. These may be arguments, disagreements, or challenges to constitutionality.

How do cases come before the court?