Promoting Democratic Principles in the Ministry of Defense

Abstract

There are some democratic principles that are absent from the laws and regulations governing the Ministry of Defense and not in conformity with the Constitution of the Kingdom of Thailand, which contrasts with the Civil Service Regulation Act, B.E. 2551 (2008) that has seen continuous reforms to conform with the Constitution. This article aims to study and compare the hierarchy of rules and regulations governing the Ministry of Defense with the Civil Service Regulation Act, B.E. 2551 (2008), and to recommend ways to amend the regulations to be more in conformity with democratic principles.

The study found that the principle of political neutrality and guarantees of rights, liberties, and equality are absent from the primary laws in the hierarchy of laws. Nevertheless, Royal Decree on the Regulation for Civilian Defense Officials, B.E. 2566 (2023), the Regulation on Code of Ethics and the Preservation of Ethics, B.E. 2564 (2021), and the Ministry of Defense’s Regulations on Civil Servants and Politics, B.E. 2499 (1956) contain regulations that are consistent with democratic principles outlined in the Constitution. The study recommends that the principle of political neutrality, disciplinary action, and guarantees of rights, liberties, and equality be included in future amendments to the Ministry of Defense’s laws and regulations. However, these amendments must not contravene the provisions of Article 27, Paragraph five, or other articles in the Constitution of the Kingdom of Thailand, B.E. 2560 (2017). The amendments should encourage defense officials to strictly adhere to democratic principles and establish a legal state that will allow the Ministry of Defense to adhere more closely to government policies.