The Judge is not the Mouthpiece of the Law.

Abstract

This article is to argue the neutrality and logical knowledge of judicial powers, which generally acknowledged in Thai society, through approach of the American Legal Realism. This approach proposes that law is as law does. Black letter law in legal education could not access the truth in law and the process of making decision comprises of external factors whether they realize or not.  

This article is to analyses the court verdicts in a case of one Coal Power Plant v. Opponent in Court of First Instance, Appeal Court, and Supreme Court, to reveal inconsistency, difference, conflict in each court’s verdict. This analysis will uncover unsystematic, indetermined decision that could exist in apolitical cases.