The Problems of Maintaining Confidence in Thailand's Legal System: A Case Study of Disputes Regarding Contracts for Elevated Railway Construction Projects in Bangkok. (Hopewell Case)

Abstract

          This paper aimed to study and analyze the problems that arose regarding the Thai justice process as a result of the exercise of sovereignty by organizations exercising legislative power, organizations exercising executive power and organizations exercising judicial power by studying a dispute regarding a contract for an elevated railway construction project in Bangkok. (Hopewell case)

          From the study, it was found that the “Principle of Separation of Powers” ​​was not intended only to create a balance and the balance of power between the legislative, executive and judicial organization and the division of jurisdiction between courts of different judicial systems. It was not created only to enable the use of appropriate judicial procedures and specialized expertise only, but it was also found that these principles were important for maintaining confidence in the legal system. Performing duties carefully and maintaining a balance between public interest and protecting the rights of individuals according to the authority and duties of the organization exercising legislative power, organizations exercising executive power and organizations exercising judicial power, therefore, can be considered an important process for maintaining confidence in the legal system.