Big year ahead for judiciary

EDITORIAL

Big year ahead for judiciary

It seems reconciliation and unity are the new buzzwords around town, following the election and the ringing in of the New Year. But one can only worry that these words are simply being used by politicians as part of their political games and that there remains little intention of creating the conditions that could ensure these words are turned into reality.

The Surayud Chulanont administration at present remains in office pending formation of a new, elected government, and it seems likely the People Power party will be the one to lead that coalition _ and that, for many, does not bode well for hopes of political stability. The feeling on one side of the political spectrum _ that it is vital the Democrat party favoured by the military and urban middle class runs the next government _ is mirrored by feelings just as strong on the other side: that the pro-Thaksin People Power party must be allowed into office.

Amid this hope-against-hope scenario, the calls for unity on all sides have so far rung hollow. One thing is certain, however: we cannot unify around abstract and debatable ideas such as nationhood or ''Thai-ness''.

It is clear from the events which have unfolded over the past four years that the only way we can achieve unity is to agree to a set of rules that govern how this game of high-stakes modern politics is played _ and stick to them.

The military's illegal move to rip up and re-write the Constitution yet again in 2006 must not be allowed to pass unchecked. The constitutional amendment should not be carried out of revenge or anger.

It is necessary to set an example that coups will no longer be tolerated and that those behind them cannot be allowed to take over the powers of government and then re-write the rule book to exonerate themselves from taking responsibility for their unconstitutional actions.

This undertaking should be carried out by whichever party leads the coalition government, whether they are pro- or anti-Thaksin. This is not an issue of political leanings or revenge, it is about upholding justice and respect of the rule of law.

Whoever forms the government must also go through the Constitution and other laws written and passed by the military-appointed government and legislators, and amend them in a way that ensures that our future governments are strong and capable of leading the nation.

Most important of all, they must ensure that the checks and balances are in place to ensure a just and fair rule of law.

Respecting the law is not about following rules created by dictators to drown the voice of the public and rob them of their rights; it is about passing just and necessary legislation that ensures basic freedoms are protected and that no one, no matter how powerful or how rich they are, can evade justice.

It seems that once again the impartiality of our courts and senior judges will be called into question over the coming months. The charges filed against Thaksin Shinawatra must be allowed to pass through the judicial system fairly and without interference _ from anyone, for any reason.

The expected People Power party-led government must not interfere in these cases; neither must the state prosecutors and courts which will be handling them try to help Mr Thaksin avoid the charges.

While we may not be able yet to have total faith in our elected representatives to protect and cement the rule of law, the year 2008 will be one where the judiciary and state institutions will have to stand up and take responsibility for making sure we move in the right direction.

Only when we respect the rule of law and we, the people, are finally able to see that no one is above that law, can we begin to build strong institutions and a just and stable society that will see this country reach its true potential.