<資料・研究ノート>タイ国の法体系に関する一考察 ( II ) : 伝統的法体系の存続

Abstract

In the modern legal history of Thailand, one finds two notable aspects : the evanescence of the Constitution and traditional law-making methods especially as evinced in Prakat Khong Khana-Patiwat (Revolutionary Party Edicts). The aim of this paper is to analyze the traditional legal system which was built up during the long period from Ayutthaya to the early Bangkok days, for the purpose of grasping the above remarkable legal aspects. The traditional legal system of Thailand mainly consisted of Thammasat (Dharma-sastra) and Ratchasat (Royal Order). Though each of them apparently gave way to Ratthathammanun (Constitution) and Khanasat (the author's coined word, meaning Order of Khana) at the time of the Revolution of 1932, vestiges of the traditional system are still found in the modern legal system, often running counter to the principles of constitutional government introduced from Europe.