The "rule of law" principle is more important than the content of the constitution, a seminar was told yesterday.
"The constitution itself is not the problem, but those with the authority to enact it are. So, it's important to ensure the rule of law and good governance exist," Wirapol Tangsuwan, deputy chairman of the Supreme Court, told a forum entitled "Guidelines on National Reform", held by the Constitutional Court yesterday.
To ensure the rule of law, the Charter Drafting Committee (CDC) has included a clause about it in the draft charter for the first time.
According to Section 217 of the draft charter, the rule of law serves as the basis of the charter and protects the supremacy of the constitution and the law over individual desire as well as separating the powers and independence of the courts. It also upholds human rights, liberties and dignity.
"The law is only about 20% of the issue. The main problem lies with the quality of those enforcing the law. If we can reform these people, the problem will be resolved," Mr Wirapol said.
In the short term, he said, rules should be put into place to ensure that those who come into power strictly adhere to the rule of law.
In the long term, it will take at least 21 years to foster good moral principles among the new generation — from birth until they graduate from university.
Speaking at the same forum, Deputy Prime Minister Wissanu Krea-ngam said the rule of law, written as the highest legal order in the constitution, promotes fairness and is used to resolve legal conflicts.
The executive, legislative and judicial branches of power are subject to the rule of law, he said.
Mr Wissanu said the rule of law should be referred to when the existing legal framework appears to be unfair or insufficient.
Former prime minister Chuan Leekpai echoed Mr Wissanu's opinions.
"All current political problems are rooted in infringements of principles of good governance. The fact that good governance principles have to be defined in the draft charter is evidence of the lack of good governance in the past," he said.