His Majesty's constitutional wisdom rings through in remarks to Nation's justices
Published on July 4, 2008In his recent extemporaneous remarks to the new judges appointed to serve on the Constitutional and Administrative courts, His Majesty the King spoke profoundly on the role of the courts in the evolution of Thai political sophistication.
HM the King said that the courts, by performing their duties under royal signature, were an extension of the royal mandate to rule justly for the benefit of all the people.
In terms of traditional Thai beliefs and practices, going back to the Kingdom of Ayutthaya, I believe that His Majesty was making reference to the fact that the baramee (charisma; respect and popularity for good deeds done) of royal legitimacy is a function of service to the people and is not personal to the ruler.
In other words, His Majesty has baramee because he is a good king, not the other way around.
Having a high position but not acting according to the highest standards of good conduct does not confirm one's baramee. One may have money or power, but only right conduct can give long-lasting and high quality baramee to a person in office.
I know that many today in Thailand have a more loose and fluid interpretation of baramee. They often talk as if anyone with power or money has baramee and, therefore, deserves to be treated with krieng jai (consideration), respect and even obedience.
For me, real baramee, the baramee of Theravada teachings is not position but character in position.
For example, the Royal Chronicles of Ayutthaya report that the King of Hongsawadi in the time of King Naresuan did not keep the ten royal virtues and so was vulnerable to defeat.
King Naresuan himself once wrote that "a great king of kings, who upholds the ten kingly virtues, be compared to the shelter of a great holy pipal tree and that people come to seek the protection of the king's accumulated merit with the hope of escaping various calamities".
The ten kingly virtues are well known. Any one can take them as a personal standard and strive to live by their teachings.
They are an objective, even scientific, standard by which to measure the quality of government.
In his remarks to the new judges of the Constitutional and Administrative courts, His Majesty, I think, was suggesting - very rightly to me - that the judges in their function were an extension of His Majesty's role and duty to act according to the virtues of a just and righteous king.
The courts are not there to go against the principles of good governance. The judges are not there to pursue selfish ambitions. The law is a standard that should not bend one way or the other depending on the persons who seek its protection or its power.
The law encapsulates many of the ten kingly virtues and is elevated by them. The law, and therefore the courts and judges deserve to be treated with krieng jai, respect and obedience, for the same reason that His Majesty is respected and obeyed. The law carries out the high virtues and gains prestige - baramee - from that service. The baramee resides in the work performed, not just in the body of the person.
Of course, if the person of a judge is not up to the task, then the office of judge and the prestige of the courts will suffer from the resulting shortfall in conduct.
The royal virtues that are most appropriate in a judge are:
-- Dana - the giving of useful advice and counsel, being beneficial in the use of the law
-- Ajjava - being truthful and honest and loyal to the law, not to influential and powerful people and companies
-- Maddava - being open to reasonable advice and arguments; not being arrogant in one's interpretation of the law and prior cases.
-- Tapa - living a diligent and simple life; not seeking wealth or luxury.
-- Akkodha - not having emotions, especially anger or vindictiveness, drive one's decisions. Anger is a cause of misjudgment.
-- Avihimsa - not indulging oneself in power to harm others for petty reasons or personal pleasure.
-- Avirodhana - rewarding those who do right and rectifying those who have been wronged.
These virtues, so essential to kingship for generations of Thai citizens, can also flow freely from judges as special agents of the royal function to do justice in the realm.
From the global perspective of the Caux Round Table, an international network of business leaders promoting a moral capitalism, His Majesty's advice that judges too carry out the duties of righteousness working under the royal signature carries into a specific Thai context the highest norms and practices of wise constitutionalism.
We believe that public office is a public trust in all cultures and that this norm of stewardship is truly global and should be implemented for the benefit of all people.
As His Majesty told the new judges, their accomplishments will bring progress to the country and the benefits of their work will fall on every Thai. That is the way it should be if they live up to the standards of baramee and the ten royal virtues in their decision-making.
Stephen B Young is the global executive director of the Caux Round Table