The world, regardless of the era, has always faced change. The more advanced science and technology become, the faster the change occurs. Similarly, the law must evolve and adapt to the world's changes. As part of the global society, if we do not adapt, we will be left behind because we copy too much, trying to emulate others' success or match others constantly, which will never let us catch up.
In reality, if we aspire to lead in any field, we must have innovative and valuable creations that are globally accepted. Others can then adapt these innovations, which is better than constantly copying others and never catching up.
However, changing the law must involve systematic analysis and listening to the opinions of stakeholders to ensure that the enacted laws align with the current social needs and realities. The needs and realities of each society and country differ based on background, history, thoughts, beliefs, culture, and context, requiring a historical approach. Once laws are enacted and enforced, they must be regularly reviewed to ensure they remain relevant and reasonable in changing times. There is no one-size-fits-all solution.
This principle is central to good regulatory practice (GRP), recognized internationally. It also involves developing sound regulatory policies using clear scientific data and unbiased analysis.
The Office of the Council of State recognizes this importance and thus does not limit itself to developing administrative law alone but also strives to develop other laws in a balanced manner. This aims to keep Thai law up-to-date with current changes and anticipates future changes, appropriate to the country's context, not merely copying foreign laws.
For this reason, the Office of the Council of State has established the "Journal of the Council of State" and the "Journal of Comparative Law," in addition to the existing "Journal of Administrative Law." These journals aim to provide legal scholars with a platform to study and share knowledge. The "Journal of the Council of State" focuses on publishing academic articles on trending legal issues, such as good regulatory practice (GRP), regulatory impact analysis (RIA), cost-benefit analysis, digital economy, digital assets, climate change, aged society impact, and even AI, to inform the public about new legal developments. The "Journal of Comparative Law" focuses on comparative legal studies, using a historical approach and contextual analysis to make relevant comparisons, rather than simply juxtaposing laws from different countries. The aim is to ensure that the derived principles align with the economic and social context of Thailand and can be effectively applied.
In all these efforts, the primary goal is to develop Thai law to be modern and responsive to new challenges, such as geopolitics, climate change, disruptive technology, an aging society, social media disruption, and individual behavioral changes. Often, the law may need to shift towards regulation with incentives rather than mere enforcement.
The Office of the Council of State sees this as more beneficial for the development of the Thai legal system than remaining stagnant. Laws enacted at one time are only modern at that time, but as time changes, they become outdated automatically.
On behalf of the Office of the Council of State, I fully wish that our mission on this matter will raise awareness and readiness of people in facing new challenges in the future.
Pakorn Nilprapunt,
Secretary-General of the Council of State
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