Political ethics according to the Constitution of the Kingdom of Thailand B.E. 2560

Abstract

Sections 76 and 219 of the Constitution of the Kingdom of Thailand B.E. 2560 (2017) establish the legal basis for developing an ethical standards system governing political officeholders and state officials. This framework is operationalized through three primary subordinate legislations: (1) the Ethical Standards for Constitutional Court Judges and Independent Organizations Act B.E. 2561 (2018), (2) the Ethical Standards Act B.E. 2562 (2019), and (3) the Code of Ethics for Political Officials B.E. 2564 (2021). These laws establish a hierarchical framework that links these laws establish a hierarchical framework that links the seven fundamental principles, such as adhering to the country's main institutions, being honest, having a good conscience, and taking responsibility for one's duties, being courageous in making decisions and acting in a righteous and just manner, thinking of the public interest more than personal interest, and having public consciousness, etc., with rigorous enforcement mechanisms administered by the National Anti-Corruption Commission (NACC) and the Supreme Court’s Criminal Division for Holders of Political Positions, which holds authority to impose the most severe penalty of lifetime disqualification from political rights. The enforcement of these ethical standards faces significant challenges due to the abstract nature of certain provisions, enabling interpretations influenced by political contexts. While the system demonstrates efficacy in deterring corrupt practices through concurrent disciplinary and criminal penalties, concerns persist regarding selective enforcement and the need for transparent adjudication processes to mitigate risks of politicized application.