Professor Dr. Nakharin Mektrairat, President of the Constitutional Court of the Kingdom of Thailand, together with Mr. Naphadon Theppithak, Justice of the Constitutional Court, and Professor Dr. Udom Ratamarit, Justice of the Constitutional Court, participated in the 6th Congress of the World Conference on Constitutional Justice (the 6th WCCJ) in Madrid, Kingdom of Spain, held from 28 to 31 October 2025.
The Congress consisted of three major meetings: (1) Meetings of Regional and Linguistic Groups, (2) the Meeting of the Bureau, and (3) the General Assembly. Representatives from constitutional courts and equivalent institutions from 122 member countries of the WCCJ attended the Congress.
The Meetings of Regional and Linguistic Groups served as a forum for groups within the WCCJ framework to discuss and deliberate on key issues relevant to each region and linguistic group. In this regard, the meeting of the regional cooperation group of the Association of Asian Constitutional Courts and Equivalent Institutions (AACC) was held on the morning of 28 October 2025, chaired by the Constitutional Court of the Kingdom of Thailand in its capacity as President of the Association.
One of the key agenda items was the selection of an AACC member institution to be nominated as the representative of the Asia and Oceania region to serve in the WCCJ Bureau for a three-year term (2026–2028), as the term of the current representative—namely, the Constitutional Court of the Republic of Türkiye—was due to expire in 2025.
On this occasion, the Constitutional Court of Thailand, as AACC President, proposed the re-nomination of the Constitutional Court of Türkiye. However, some AACC member institutions expressed the view that an opportunity should be given to an AACC member that had never previously served as the regional representative in the Bureau for the 2026–2028 term. Accordingly, the Constitutional Court of Türkiye withdrew its nomination. Subsequently, the meeting reached consensus to nominate the Constitutional Court of the Kingdom of Thailand as the regional representative for Asia and Oceania to serve in the WCCJ Bureau. The final approval of this nomination fell under the authority of the General Assembly, scheduled for the afternoon of 30 October 2025.
The Meeting of the WCCJ Bureau was held in the afternoon of 28 October 2025. The Bureau considered various agenda items related to the WCCJ’s operations, including the following key matters:
The report on the work of the WCCJ Secretariat and the WCCJ financial report, both of which were approved by the Bureau as presented by the Secretariat.
The selection of the host institution for the next WCCJ Congress (the 7th Congress), which was a matter assigned to member institutions from the African region. The Bureau unanimously agreed that the Supreme Constitutional Court of the Arab Republic of Egypt would host the next Congress.
Proposed amendments to the WCCJ Statute to include three additional regional, linguistic, and religious cooperation groups under the WCCJ framework, namely:
The Conference of Constitutional Jurisdictions of the Islamic World (CCJ-I), proposed by the Constitutional Court of the Republic of Türkiye;
The Conference of Constitutional Jurisdictions of the Turkic World (TURK-AY), proposed by the Constitutional Court of the Republic of Türkiye; and
The Balkan Constitutional Courts Forum (BCCF), proposed by the Constitutional Court of the Republic of Bulgaria.
In this regard, the Bureau considered that a working group should be established to study criteria and guidelines for the inclusion of regional, linguistic, and religious groups under the WCCJ Statute, in order to ensure clarity and to prevent situations in which WCCJ member institutions may belong to multiple groups. The Bureau therefore mandated the WCCJ Secretariat to conduct the study and prepare draft criteria. This resolution was to be submitted to the General Assembly for approval of the proposed approach.
The consideration of the draft Madrid Communiqué, which contained key messages on the protection of the human rights of future generations, emphasizing the role of justice systems and legal mechanisms in safeguarding dignity, rights, and freedoms of future generations. The Communiqué highlighted the protection of the right to a clean, safe, sustainable environment and climate; the protection of tangible and intangible cultural heritage; and the protection of digital and technological rights, including equitable access to digital infrastructure and ethical governance of technological innovation.
The draft Communiqué also emphasized the independence of constitutional courts and equivalent institutions, stressing that such institutions must be guaranteed independence free from threats or undue influence that could affect the performance of their duties. This would enable them to adjudicate constitutional cases and prevent actions that may lead to the overthrow of the nation’s constitutional order. Such content aligns with Section 49 of the Constitution of the Kingdom of Thailand, including the Court’s authority to issue rulings beyond the petition in order to settle disputes or prevent serious incidents that may undermine social harmony and peace. The Bureau approved the draft Communiqué and resolved to submit it to the General Assembly for final endorsement.
The General Assembly was scheduled for 29–30 October 2025 and was divided into two parts: (1) academic discussions and (2) the General Assembly meeting for deliberation and decision-making on WCCJ operational matters.
On this occasion, Professor Dr. Nakharin Mektrairat, President of the Constitutional Court, delivered an academic presentation during the first part of the General Assembly. He emphasized that the independence of constitutional courts is not a privilege of the judiciary, but rather a safeguard for society to preserve constitutional justice, the rule of law, and the rights and freedoms of the people. Therefore, constitutional courts and equivalent institutions must enjoy independence in adjudication based on constitutional provisions, laws, and jurisprudential principles, free from interference in any form, including any actions undermining public trust. Furthermore, constitutional courts must also be independent in administration and budgetary matters.
The President’s presentation was well supported by WCCJ members, and key elements of his remarks were incorporated into the draft Madrid Communiqué.
During the second part of the General Assembly, held in the afternoon of 30 October 2025, the General Assembly adopted a resolution approving the Constitutional Court of the Kingdom of Thailand as the representative of the Asia and Oceania region to serve in the WCCJ Bureau for the 2026–2028 term. It also approved the establishment of a working group to study criteria for the inclusion of regional, linguistic, and religious cooperation groups prior to any amendments to the Statute. In addition, the General Assembly approved the Madrid Communiqué.
At the closing ceremony of the General Assembly, Their Majesties received the great honour of His Majesty King Felipe VI of the Kingdom of Spain, who graciously presided over the closing ceremony. His Majesty delivered remarks in support of the mission of constitutional courts and equivalent institutions in upholding constitutional justice, the rule of law, and the protection of rights and freedoms of the people. On this occasion, His Majesty also granted a royal photograph with the presidents or representatives of constitutional courts and equivalent institutions from WCCJ member countries, including the President of the Constitutional Court of the Kingdom of Thailand.
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