The Nation (2 February 2010) reports a second speech by the king –still in hospital – to judges. The last one was on 25 January. Make no mistake, this is a powerful and significant political intervention.
The king was seen last night on television speaking to 168 assembled newly sworn-in Supreme Court judges. He initially spoke quite strongly but then became more rambling and incoherent. Despite that, the message was crystal clear: “strictly adhere to the principles of justice to maintain peace, happiness and orderliness in the country.”
Since the successful use of the judiciary by the palace to get rid of the Thai Rak Thai Party and then to reverse the 2007 election result through judicial action, the power of a partisan judiciary has been further entrenched. The palace previously relied on a loyal military, but the failure of the 2006 coup to rid them of their enemies has demonstrated that it is the loyal judiciary that can maintain the current system and balance of power and wealth.
The king, who used to speak of order to the military, now speaks to judges: “Each and every one of you is really important in ensuring orderliness. You are the hope of the people, both good and bad. You can help increase the number of good people…”.
The king used to tell the military to protect the country from challenges from communists and the under-classes. Now he tells the judges: “You are a symbol of justice. And by performing your duty well, you can help the country survive. Everyone wants our country to survive. Even the bandits and villains feel they want peace. If you can have your compatriots believe in peace, happiness and justice, our country will work fine…”. The identity of the “bandits” and villains” is clear.
Judicialization began with the 1997 Constitution and was made much more powerful by the military’s 2007 Constitution. The judiciary is now the palace’s main support in the short-term battle against Thaksin. The king’s meetings with judges in the lead-up to the Thaksin Shinwatra assets case is evidence enough of this. In the long-term it is clear that the palace wants a judiciary that maintains the current order against any future challenges. This is a task that is seen as more appropriate than the blunt instrument of the military coup. This is why Prime Minister Abhisit Vejjajiva emphasizes “rule of law” when the movement is to rule by law.
This is the king’s most significant political intervention since the 2006 coup. But more than an intervention, this is a constitutional revolution that will have huge impacts in the future. It is a constitutional interventions seen most clearly in the 2007 Constitution. It is also unconstitutional in the sense that the king is relying on what his supporters call “baramee.” It is personal, ideological and extra-constitutional intervention to change the nature of politics, and hang what the people think.
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