The
Constitution of the Kingdom of Thailand is the
supreme lawA constitution is a set of rules for government—often codified as a written document—that establishes principles of an autonomous political entity. In the case of countries, this term refers specifically to a national constitution defining the fundamental political principles, and establishing the...
of
ThailandThe Kingdom of Thailand is an independent country that lies in the heart of Southeast Asia.It is bordered to the north by Laos and Burma, to the east by Laos and Cambodia, to the south by the Gulf of Thailand and Malaysia, and to the west by the Andaman Sea and Burma...
. Since the change from an
absolute monarchyAbsolute monarchy is a monarchical form of government where the king or queen has absolute power over all aspects of his/her subjects' lives. Although some religious authorities may be able to discourage the monarch from some acts and the sovereign is expected to act according to custom, in an...
to a constitutional democracy in 1932, Thailand has had seventeen charters and constitutions, reflecting the high degree of political instability and frequency of military coups faced by the nation. After successful coups, military regimes abrogated existing constitutions and promulgated new ones.
All of Thailand's charters and constitutions have allowed a
constitutional monarchyA constitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a written , unwritten or blended constitution...
, but with widely differing balances of power between the branches of government. Most of them have stipulated parliamentary systems, however, several of them also called for dictatorships, e.g., the 1957 Charter. Both unicameral and bicameral parliaments have been used, and members of parliament have been both
electedAn election is a formal decision-making process by which a population chooses an individual to hold public office. Elections have been the usual mechanism by which modern representative democracy since the 17th century. Elections may fill offices in the legislature, sometimes in the executive and...
and appointed. The direct powers of the monarch have also varied considerably.
Thailand's
current constitutionA Permanent Constitution for the Kingdom of Thailand was drafted by a committee established by the military junta that abrogated the previous 1997 Constitution. On August 19, 2007, a referendum was held in which 59.3% of the voters voted in favor of the constitution...
was promulgated in 2007, replacing an interim constitution promulgated in 2006 after an army-led coup. The 2007 Constitution was written by a junta-appointed group of drafters, but was approved by a public referendum. Prior to the referendum, the junta passed a law making it illegal to publicly criticize the draft. Controversial features in the constitution included an partly-appointed Senate and amnesty for the leaders of the 2006 coup.
The 1997 Constitution, often called the "People's Constitution," was considered a landmark in terms of the degree of
public participationPublic participation is a political principle or practice, and may also recognised as a right . The terms public participation may be used interchangeably with the concept or practice of stakeholder engagement and/or popular participation.Generally public participation seeks and facilitates the...
involved in its drafting as well as the democratic nature of its articles. It stipulated a bicameral
legislatureA legislature is a type of deliberative assembly with the power to pass, amend and repeal laws. The law created by a legislature is called legislation or statutory law...
, both houses of which were elected. Many
human rightsHuman rights refer to the "basic rights and freedoms to which all humans are entitled." Examples of rights and freedoms which have come to be commonly thought of as human rights include civil and political rights, such as the right to life and liberty, freedom of expression, and equality before the...
were explicitly acknowledged for the first time, and measures were established to increase the stability of elected governments.
Overview
Siam (today known as
ThailandThe Kingdom of Thailand is an independent country that lies in the heart of Southeast Asia.It is bordered to the north by Laos and Burma, to the east by Laos and Cambodia, to the south by the Gulf of Thailand and Malaysia, and to the west by the Andaman Sea and Burma...
) has had 17 constitutions and charters since the overthrow of the
absolute monarchyAbsolute monarchy is a monarchical form of government where the king or queen has absolute power over all aspects of his/her subjects' lives. Although some religious authorities may be able to discourage the monarch from some acts and the sovereign is expected to act according to custom, in an...
in 1932.
- Temporary Charter for the Administration of Siam Act 1932
- The Constitution of the Siam Kingdom 1932
- The Constitution of the Kingdom of Thailand 1946
- The Constitution of the Kingdom of Thailand (Temporary) 1947
- The Constitution of the Kingdom of Thailand 1949
- The Constitution of the Kingdom of Thailand 1932 (Revised 1952)
- Charter for the Administration of the Kingdom 1959
- Constitution of the Kingdom of Thailand 1968
- Temporary Charter for Administration of the Kingdom 1972
- Constitution for the Administration of the Kingdom 1974
- Constitution for Administration of the Kingdom 1976
- Charter for Administration of the Kingdom 1977
- Constitution of the Kingdom of Thailand 1978
- Charter for Administration of the Kingdom 1991
- The Constitution of the Kingdom of Thailand 1991
- The Constitution of the Kingdom of Thailand 1997
- The Constitution of the Kingdom of Thailand (Interim) 2006
- The Constitution of the Kingdom of Thailand 2007
A Permanent Constitution for the Kingdom of Thailand was drafted by a committee established by the military junta that abrogated the previous 1997 Constitution. On August 19, 2007, a referendum was held in which 59.3% of the voters voted in favor of the constitution...
Charters have traditionally been temporary instruments, promulgated following military coups. However, some charters, for instance the 1959 Charter of military dictator
Sarit DhanarajataField Marshal Sarit Thanarat , staged a coup in 1957 and served as Thailand's Prime Minister until his death in 1963. Sarit was the son of a Thai linguist and his Laotian wife, and came from Thailand's northeast region...
, were used for years at a time. The 2006 coup resulted in an interim constitution rather than an interim charter.
The great number of charters and constitutions is indicative of the degree of political instability Thailand has faced in its modern history. The majority of charters and constitutions were the direct or indirect result of military coups. Charters and constitutions for much of Thai history can be thought of, not as instruments of the people to control the government, but as instruments by which a government controls its people.
All of Thailand's charters and constitutions have allowed a
constitutional monarchyA constitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a written , unwritten or blended constitution...
. Widely varying, however, have been the strength of the
legislatureA legislature is a type of deliberative assembly with the power to pass, amend and repeal laws. The law created by a legislature is called legislation or statutory law...
, the extent to which the legislature is appointed vs. elected, the power of the monarch, and the strength of the
executive}}In the study of political science the executive branch of government has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the democratic idea of the separation of powers .In many...
. These parameters have been influenced by the political and military strength of the regime and the degree of support from the king and the palace. For instance, the 1959 Charter gave
Sarit DhanarajataField Marshal Sarit Thanarat , staged a coup in 1957 and served as Thailand's Prime Minister until his death in 1963. Sarit was the son of a Thai linguist and his Laotian wife, and came from Thailand's northeast region...
absolute power over the executive and the legislature, which reflected the overwhelming strength with which he executed a coup over
Plaek PibulsonggramField Marshal Luang Plaek Pibulsonggram was Prime Minister and military dictator of Thailand from 1938 to 1944 and 1948 to 1957.- Early life...
as well as his strong support from the palace.
Based on the degree by which the legislature is elected, Thailand's 17 constitutions and charters can be categorized into 3 groups:
- Elected legislatures: The legislature is completely elected. This included the 1946 Constitution (where the elected House selected the Senate) and the 1997 Constitution
For legal and historical context, see the Constitutions of Thailand articlethumb|275px|Bangkok's [[Democracy Monument, Bangkok|Democracy Monument]]: a representation of the 1932 Constitution sits on top of two golden offering bowls above a turret....
(where both the House and Senate are elected).
- Appointed legislatures: The legislature is partly elected and partly appointed by the executive. The appointed members of the legislature are sufficient to limit the power of the elected representatives. The Prime Minister is either a military leader or a figurehead of the military or the palace. This includes the (after 1937), the 1947 Charter, the 1949 Constitution, the 1952 Constitution, the 1968 Constitution, the 1974 Constitution, the 1978 Constitution, and the 1991 Constitution.
- Absolute executives: The executive has absolute or near absolute power, with either no legislature or a completely appointed legislature. The Prime Minister is usually a military leader or a figurehead of the military or the palace. This includes the 1932 constitutions (before 1937), the 1959 Charter, the 1972 Charter, the 1976 Constitution, the 1991 Charter, and Thailand's last charter, the 2006 Interim Charter.
1932 Temporary Charter
See also the Siamese Revolution of 1932The Siamese Revolution of 1932 or the Siamese Coup d'état of 1932 was a crucial turning point in Thai history in the 20th century...
On 24 June 1932, the People's Party, a coalition of civil servants, princes, and army officers, seized power in a bloodless coup. A provisional constitution was sent to King
PrajadhipokPhra Bat Somdet Phra Poramintharamaha Prajadhipok Phra Pok Klao Chao Yu Hua , or Rama VII was the seventh monarch of Siam under the House of Chakri. He was the last absolute monarch and the first constitutional monarch of the country. His reign was a turbulent time for Siam due to huge political...
along with an ultimatum from Party leaders. On 26 June, the King met the Party leaders and refused to sign the charter. The next day, the King met the leaders again and signed the charter.
The People's Party leaders generally followed the
British parliamentary structureThe Westminster system is a democratic parliamentary system of government modelled after the politics of the United Kingdom. This term comes from the Palace of Westminster, the seat of the Parliament of the United Kingdom....
for the temporary charter. However, there were key differences, particularly regarding the powers of the monarch.
The charter began by stating that
sovereignSovereignty is the quality of having supreme, independent authority over a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
power belongs to the people of Siam. Empowered to exercise power on behalf of the people were the People's Assembly (the
legislatureA legislature is a type of deliberative assembly with the power to pass, amend and repeal laws. The law created by a legislature is called legislation or statutory law...
) a 70-member, all appointed by the Khana Ratsadon, a 15-member People's Committee of Siam (the
executive}}In the study of political science the executive branch of government has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the democratic idea of the separation of powers .In many...
), the courts of law (the
judiciaryThe judiciary is the system of courts which interprets and applies the law in the name of the sovereign or state. The judiciary also provides a mechanism for the resolution of disputes...
), and the monarch. Members of the People's Assembly and the People's Committee were initially appointed. After 10 years or after half the population had completed
primary educationA primary school is an institution where children receive the first stage of compulsory education known as primary or elementary education. Primary school is the preferred term in the United Kingdom and many Commonwealth Nations, and in most publications of the United Nations Educational,...
, the Assembly would be completely elected.
The monarch was not held to be
infallibleInfallibility, from Latin origin , is a term with a variety of meanings related to knowing truth with certainty.-In common speech:...
. He had a limited degree of
sovereign immunitySovereign immunity, or crown immunity, is a type of immunity that in common law jurisdictions traces its origins from early English law. Generally speaking it is the doctrine that the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution; hence the...
: although he could not be prosecuted in an ordinary court of law, the Assembly could
impeachImpeachment is the first of two stages in a specific process for a legislative body to consider whether or not to forcibly remove a government official from office. The impeachment itself brings the charges against the official...
and try him. The monarch did not have the right to grant
pardonA pardon is the forgiveness of a crime and the penalty associated with it. It is granted by a head of state, such as a monarch or president, or by a competent church authority. Clemency is an associated term, meaning the lessening of the penalty of the crime without forgiving the crime itself. The...
s.
Several other features would be mirrored in later constitutions. The monarch would not have an absolute
vetoA veto, Latin for "I forbid", is used to denote that a certain party has the right to stop unilaterally a piece of legislation. In practice, the veto can be absolute A veto, Latin for "I forbid", is used to denote that a certain party has the right to stop unilaterally a piece of legislation....
- any law sent back to the Assembly, which could approve it with a
simple majoritySimple majority may refer to:In American and Canadian usage:* Majority, a voting requirement of more than half of all ballots castUsage elsewhere:* Plurality, a voting requirement of more ballots cast for a proposition than for any other option...
. The charter followed the
1924 Palace LawThe 1924 Palace Law of Succession governs succession to the Throne of the Kingdom of Thailand, under the ruling House of Chakri. The law was established during the reign of King Vajiravudh to systematically resolve previous succession controversies...
with regards to
successionAn order of succession is a formula or algorithm that determines who inherits an office upon the death, resignation, or removal of its current occupant.-Monarchies and nobility:...
- however, the Assembly reserved the right to formally approve the successor.
In practice, the People's Party made many concessions to the palace in putting together the new government. The Premiership and the Foreign Ministry were given to 2 hard-line royalists: Phraya Manopakorn Nitithada and Phraya Srivisan Vacha. A total of 4 members of the People's Committee were royalists who were not part of the People's Party. Of the 70 members of the legislature, less than half came from the People's Party, while the majority were high-ranking officials of the old regime.
Despite this, the charter provoked fierce resistance from the palace. The new government reduced the palace budget and passed a taxation law that burdened the Kingdom's largest landowners, who were mostly nobles. In September 1932, a senior prince threatened the King's
abdicationAbdication is the act of renouncing and resigning from a formal office, especially from the supreme office of state. In Roman law the term was also applied to the disowning of a family member, as the disinheriting of a son...
if a permanent constitution did not grant the palace greater power.
1932 Constitution
The People's Party, facing an internal power struggle and opposition from the King, promulgated a permanent constitution in 10 December 1932 that gave the monarchy a significant increase in authority compared to the temporary charter. The day is currently celebrated as Constitution Day.
The constitution continued to state that
sovereignSovereignty is the quality of having supreme, independent authority over a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
power belonged to the people of Siam. However, unlike the temporary charter, the monarchy would now be the direct exerciser of that power, rather than the branches of government. This royal power would be exercised by and with the advise and consent of the People's Assembly, the State Council (the cabinet), and the Courts. However, the monarchy lacked any say in the composition of any of the branches of government and the royal veto could still be overruled. The monarchy was also made "sacred and inviolable", in contrast to the temporary charter.
After the new Constitution was promulgated, a new 20-member Cabinet was formed; 10 of whom came from the People's Party. On 7 January 1933, the Nationalist Party was officially registered, with Luang Vichitvadakan, Phraya Thonawanikmontri, and Phraya Senasongkhram as leaders; the People's Party had been officially registered in August 1932. The Assembly was expanded to 156 members, 76 elected and 76 appointed.
Demands for constitutional reform
On 31 January 1933, the King sent a letter to the Premier requesting that all political parties be abolished. On 14 April, the Premier disbanded the People's Party. He later adjourned the legislature and reshuffled the leadership of the Army, giving leadership to Phraya Phichaisongkhram and Phraya Sri Sithi Songkhram, both military leaders during the absolute monarchy. On 20 June, the remnants of the People's Party military faction seized power and reinstated the legislature.
In August 1933, the government began registering candidates for village representatives who would cast votes in indirect elections for half of the legislature. It also started registering candidates for the legislature. Elections in some provinces started in October, but most were held in November.
During the midst of the elections, in October 1933, royalist factions led by Prince Boworadej and Phraya
Sri Sitthi SongkhramPhraya Sri Sitthi Songkhram Siamese military officer, was Chief of Staff of the First Army during the absolute monarchy period, Chief of Operations of the Army briefly during the constitutional monarchy, and deputy of royalist troops during the failed Boworadej Rebellion of 1933.-Life:As a youth,...
led a rebellion against the government. After two weeks of violent fighting, during which Bangkok was bombed and
Sri Sitthi SongkhramPhraya Sri Sitthi Songkhram Siamese military officer, was Chief of Staff of the First Army during the absolute monarchy period, Chief of Operations of the Army briefly during the constitutional monarchy, and deputy of royalist troops during the failed Boworadej Rebellion of 1933.-Life:As a youth,...
was killed, the People's Party defeated the rebels. Prince Boworadej fled abroad. Prince King
PrajadhipokPhra Bat Somdet Phra Poramintharamaha Prajadhipok Phra Pok Klao Chao Yu Hua , or Rama VII was the seventh monarch of Siam under the House of Chakri. He was the last absolute monarch and the first constitutional monarch of the country. His reign was a turbulent time for Siam due to huge political...
, who claimed neutrality during the conflict, fled to England a few weeks after the defeat.
From London, the King issued an ultimatum: in exchange for his return, and the legitimacy it lended to the People's Party, the King demanded several constitutional reforms. This included the right to select half of the legislature, control over the royal budget, and veto power that could be overridden only by a 3/4's majority of the legislature. The King also demanded the right to try capital cases, in this case, to free rebel soldiers. At the time, the New York Times reported that the King also threatened to sell the throne's substantial assets, including land, palaces, and the
Emerald BuddhaThe Emerald Buddha is the palladium of the Kingdom of Thailand, a figurine of the sitting Buddha, made of green jade , clothed in gold, and about 45 cm tall...
. The People's Party rejected the ultimatum, and in March 1935, Prajadhipok abdicated.
Direct democratic elections for half of the People's Assembly were first held in 7 November 1937. Women had the
right to vote and stand for electionsUniversal suffrage consists of the extension of the right to vote to adult citizens as a whole, though it may also mean extending said right to minors and noncitizens...
.
1946 Constitution
After the end of the
World War IIWorld War II, or the Second World War , was a global military conflict which involved a majority of the world's nations, including all great powers, organized into two opposing military alliances: the Allies and the Axis...
, the
collaborationistCollaborationism describes the treason of cooperating with enemy forces occupying one's country. As such it implies criminal deeds in the service of the occupying power, including complicity with the occupying power in murder, persecutions, pillage, and economic exploitation as well as...
leadership (including Marshal Plaek) was arrested and tried for war crimes, democratic elections for the entire People's Assembly were first held, and the young King
Ananda MahidolPhra Bat Somdet Phra Poramentharamaha Ananda Mahidol Phra Atthamaramathibodin , or Rama VIII was the eighth monarch of Thailand under the House of Chakri....
returned to Thailand for the first time in 7 years. King Ananda Mahidol had just come of age, turning 20 in September 1945, and returned with his mother and Prince Bhumibol in December 1945.
A new constitution, Thailand’s most democratic to date, was drafted in his honor. One key difference with previous constitutions was that the House of Representatives would, for the first time, be fully elected by the people (176 members). A Senate (80 members) was also established, which would, unlike the British
House of LordsThe House of Lords is the upper house of the Parliament of the United Kingdom and is also commonly referred to as "the Lords". Parliament comprises the Sovereign, the House of Commons , and the Lords...
, be elected by the House for 6 year terms. In addition, active civil servants and soldiers were banned from serving in the Parliament or Cabinet, thus reducing the power of the military. A ban on senior princes from participating in electoral politics was repealed, thus precluding only the King and four other people from politics.
The Constitution was promulgated in 9 May 1946. One month later, in 9 June 1946, the King was found shot to death. His death was soon followed by a military uprising that abrogated the 1946 constitution.
1947 Charter
The military overthrew the elected government of Admiral Thamrong Navasavat in 8 November 1947, amid the political chaos that followed the official finding that the mysterious death of King
Ananda MahidolPhra Bat Somdet Phra Poramentharamaha Ananda Mahidol Phra Atthamaramathibodin , or Rama VIII was the eighth monarch of Thailand under the House of Chakri....
was not due to suicide. The coup restored power to Marshal Plaek, and was supported by
Phin ChoonhavanField Marshal Phin Choonhavan was a Thai military leader. Phin was a leader of several coups against the government, most notably the 1947 coup...
,
Seni PramojMom Rajawongse Seni Pramoj was three times the prime minister of Thailand and a politician in the Democrat Party. A member of the Thai royal family, he was a descendant of King Rama II.-Biography:...
, and the palace. The coup leaders alleged that government corruption had demeaned the sacredness of King Ananda's 1946 Constitution, as proven by the appearance of vultures at the
royal cremation groundSanam Luang is an open field and public square in front of Wat Phra Kaew and the Grand Palace, Bangkok, Thailand. Sanam Luang is located in the Phra Nakhon district, the historic center of Bangkok....
. Vultures had also appeared in
AyutthayaAyutthaya city is the capital of Ayutthaya province in Thailand. The city was founded in 1350 by King U-Thong, who came here to escape a smallpox outbreak in Lop Buri, and proclaimed it the capital of his kingdom, often referred to as the Ayutthaya kingdom or Siam...
before it fell to the
BurmeseThe Bamar , are the dominant ethnic group of Burma, constituting approximately 68% of the population...
, and this was used as justification for the military's coup.
The Regent, Prince Rangsit officially accepted the coup within 24 hours and immediately promulated the new charter the coup leaders had drafted. The King, who at the time was studying in
LausanneLausanne is a city in Romandy, the French-speaking part of Switzerland, situated on the shores of Lake Geneva , and facing Évian-les-Bains and with the Jura mountains to its north-west. Lausanne is located some northeast of Geneva. It is the capital of the canton of Vaud and of the district of...
, endorsed the coup and the Charter on 25 November, noting "Those who were involved in this operation do not desire power for their own good, but aim only to strengthen the new government which will administer for the prosperity of the nation and for the elimination of all the ills suffered presently."
The new charter gave the palace a persistent demand: a permanent Supreme State Council to advise the monarch and handle his personal affairs. The Council would be composed of 5 members, appointed by the monarch and acting as a regency council in his absence. The palace was also given increased control over its own operations, including the Royal Household, the Privy Purse, and the Royal Guards. The King was given several emergency prerogatives, such as the ability to
declare warA declaration of war is a formal performative speech act or signing of a document by an authorized party of a government in order to initiate a state of war between two or more nations. The legality of who can declare war varies between nations and forms of government. In many nations power is...
and
martial lawMartial law is the system of rules that takes effect when the military takes control of the normal administration of justice.Martial law is sometimes imposed during wars or occupations in the absence of any other civil government. Examples of this form of military rule include Germany and Japan...
.
A monarch-appointed Senate was established, and, with 100 members, equal in size to the House of Representatives. Like previous Constitutions, the monarch still did not have an absolute veto. However, the monarch-appointed Senate could, through a simple majority over the combined houses of Parliament, sustain a royal veto. The ban on civil servants and soldiers from serving in Parliament and the Cabinet was removed. Another key change stated that the policies of one government could not be altered by a succeeding government without royal approval. A multi-member constituency system replaced the single member constituency system which had been in effect since 1932.
Surprisingly, the palace rejected the slate of Senate appointees proposed by the military. It instead filled the Senate with princes, nobles, and palace-friendly businessmen, leaving only 8 appointees from the military's slate. With control over palace operations, the palace purged nearly 60 officials, clearing out earlier appointees from previous governments.
Khuang Aphaiwong was appointed Prime Minister, and it was agreed that a new constitution would be drafted following House elections, which occurred on 29 January 1948. The Seni Pramoj and Khuang Aphaiwong-led
DemocratsThe Democrat Party is Thailand's oldest political party, represented as the core coalition member in the six-party coalition government since December 15, 2008. The party upholds a centre-right, royalist, socially conservative, and economically liberal position...
won a majority and appointed a Cabinet packed with palace allies. Tension between the military and the palace increased, until in April, a group of generals met with Khuang and Prince Rangsit, successfully demanding that Khuang resign and Marshal Plaek be appointed Premier.
1949 Constitution
The Constitution of 1949 was promulgated on 23 January 1949, a permanent instrument to replace the temporary 1948 Charter. The drafting committee was headed by
Seni PramojMom Rajawongse Seni Pramoj was three times the prime minister of Thailand and a politician in the Democrat Party. A member of the Thai royal family, he was a descendant of King Rama II.-Biography:...
and dominated by royalists under the direction of Prince Rangsit and Prince Dhani.
The 1949 Constitution elevated the throne to its most powerful position since the 1932 overthrow of the absolute monarchy. The Supreme Council of State was transformed into a 9-person
Privy CouncilThe Privy Council of Thailand is a body of appointed advisors to the Monarch of Thailand: King Bhumibol Adulyadej of Thailand. The Council, as the Constitution of Thailand stipulates, must be composed of no more than eighteen members...
. For the first time, members this council would be selected by the
Kingclass="infobox vcard" style="font-size: 88%; text-align: left; width: 22em;"|-! colspan="2" style="background: #ffff00; color: #000000; font-size: 120%; text-align: center;" class="fn"|...
alone. A 100-member Senate would also be selected by the King alone. The President of the Privy Council, rather than the Prime Minister, would countersign all laws. The King's veto was strengthened, with a 2/3's vote of Parliament required to overrule it.
The King could issue his own decrees with equal authority to the government. The King also gained the power to call for a plebiscite - the ability to amend the constitution via public referendum, bypassing Parliament and the Government. At succession, the Privy Council would name an heir - not the Parliament.
1952 Constitution
On 29 November 1951, as the King was returning to Thailand from Switzerland via ship, the military seized power from Privy Council President Dhani, abrogated the 1949 Constitution, and appointed Marshal Plaek as regent. A single 123-member National Assembly was appointed, 103 of which were from the military or police.
The Assembly re-used the 1932 Constitution with some additional amendments, namely allowing a Privy Council rather than a Supreme Council of State and using multi-member legislative constituencies rather than single-member constituencies. Half of the legislature was appointed. After much confrontation between the government and the palace in early 1952, the King promulgated the Constitution unchanged in 8 March 1952. Democratic elections were held for half of the legislature in March 1952; nearly all of the appointed parliamentary members were army officers. Legislative elections were held again in March 1957.
1959 Charter
On the evening of 16 September 1957, General
Sarit DhanarajataField Marshal Sarit Thanarat , staged a coup in 1957 and served as Thailand's Prime Minister until his death in 1963. Sarit was the son of a Thai linguist and his Laotian wife, and came from Thailand's northeast region...
seized power from the government of Marshal Plaek (for additional information on the
King'sclass="infobox vcard" style="font-size: 88%; text-align: left; width: 22em;"|-! colspan="2" style="background: #ffff00; color: #000000; font-size: 120%; text-align: center;" class="fn"|...
role in the coup, see Bhumibol Adulyadej's role in Thai politics). Sarit abrogated the 1952 Constitution, abolished the National Assembly, declared martial law, and ruled via a Revolutionary Council. Sarit and his successors deified the
throneclass="infobox vcard" style="font-size: 88%; text-align: left; width: 22em;"|-! colspan="2" style="background: #ffff00; color: #000000; font-size: 120%; text-align: center;" class="fn"|...
and relied on royal sponsorship to legitimize their
dictatorshipA dictatorship is defined as an autocratic form of government in which the government is ruled by an individual, the dictator, without hereditary ascension. It has three possible meanings:...
.
A temporary charter was promulgated in February 1959 and remained in place for 9 years, even after Sarit's death in 1964. The charter has been called "perhaps the most repressive in Thailand’s history." It granted the Premier near absolute power, including the authority to order summary executions. It banned political parties and called for an appointed unicameral parliament, consisting of 240 mostly military appointees. It contained only 20 articles, making it the shortest charter in Thai history.
1968 Constitution
General
Thanom KittikachornField Marshal Thanom Kittikachorn was a military dictator of Thailand. A staunch anti-Communist, Thanom oversaw a decade of military rule in Thailand from 1963 to 1973, until public protests which exploded into violence forced him to step down...
succeeded Sarit as dictator of Thailand, ruling amid a rising
communistThe Communist Party of Thailand - CPT was a Marxist-Leninist, Communist political party in Thailand, active from 1942 until the 1990s. Initially known as Communist Party of Siam the party was founded officially on the 1st of December 1942, although communist activism in the country began as early...
insurgency in Thailand and an escalating US
presenceThe Vietnam War or the Second Indochina War was a Cold War military conflict that occurred in Vietnam, Laos, and Cambodia from 1959 to 30 April 1975...
in
IndochinaIndochina, or the Indochinese Peninsula, is a region in Southeast Asia. It lies roughly east of India, south of China.The word has French origins, Indochine, and was adopted when French colonizers in Vietnam began expanding their territory to bordering countries.Historically, the countries of...
. The United States provided the Thai government with a billion US dollars in
aidOfficial development assistance is a statistic compiled by the Development Assistance Committee of the Organisation for Economic Co-operation and Development to measure aid. The DAC first compiled the statistic in 1969. It is widely used by academics and journalists as a convenient indicator of...
, but corruption was rampant. During a trip by King Bhumibol to the US, The American anti-war movement pressured the US government to reduce its support for the regime.
Despite resistance from
ThanomField Marshal Thanom Kittikachorn was a military dictator of Thailand. A staunch anti-Communist, Thanom oversaw a decade of military rule in Thailand from 1963 to 1973, until public protests which exploded into violence forced him to step down...
, a new constitution was promulgated in 20 June 1968. Although democratic on the surface, the 1968 Constitution legitimized Thanom's military-dominated regime. A bicameral Parliament was established, with an elected 219-member House and a royally-appointed 164-member Senate. Contrary to the principles of parliamentary democracy, members of the House were banned from serving in the Cabinet. In addition, the Senate had the power to delay any legislation for up to a year, and the Senate President was the Parliament President. King Bhumibol approved Thanom's entire slate of mostly military Senate nominees. The new constitution also validated all legislation previously made by the regime, including the sweeping Anticommunist Act used to repress dissent.
In February 1969, the first democratic elections in over a decade were held, resulting in parties aligned with Thanom winning a majority in the House.
1972 Temporary Charter
Amid rising social and political conflict, in 17 November 1971 Thanom Kittikachorn and his deputy Praphas Charusathien overthrew their own government, dissolving Parliament and the Cabinet, declaring martial law, abrogating the Constitution, and running the Kingdom through a National Executive Council. Thanom made himself Premier, Supreme Commander, and Foreign Minister. Praphas made himself deputy Premier, Interior Minister, Chief of Police, Army Commander, and head of the Communist Suppression Operations Command. Declaring the coup on television, Thanom opened a letter of approval from the King presented on a gold tray. Along with Narong Kittikachorn (Thanom's son and Praphas's son-in-law), the regime was called that of the "Three Tyrants."
Massive protests and strikes resulted, coinciding with a
recessionIn economics, a recession is a general slowdown in economic activity over a long period of time, or a business cycle contraction. During recessions, many macroeconomic indicators vary in a similar way...
and high
inflationIn economics, inflation is a rise in the general level of prices of goods and services in an economy over a period of time.When the price level rises, each unit of currency buys fewer goods and services; consequently, inflation is also an erosion in the purchasing power of money – a loss of real...
. A disastrous offensive against the
Communist Party of ThailandThe Communist Party of Thailand - CPT was a Marxist-Leninist, Communist political party in Thailand, active from 1942 until the 1990s. Initially known as Communist Party of Siam the party was founded officially on the 1st of December 1942, although communist activism in the country began as early...
(CPT) was launched. As tensions reached a boiling point in December 1972, Thanom drafted a new charter. Similar in many ways to Sarit's 1959 charter, it reinforced the power of the military dictatorship. Political parties were banned, and a wholly-appointed unicameral 299-member National Legislative Assembly, 200 of which were military and police, was established. The executive retained strong control over the legislature.
1974 Constitution
Thanom's interim charter failed to stem opposition to the "Three Tyrants." On 13 October 1973, a massive 400,000 person protest took place at the
Democracy Monumentthumb|350px|The Democracy Monument, BangkokThe Democracy Monument is a public monument in the centre of Bangkok, capital of Thailand. It occupies a traffic circle on the wide east-west boulevard Thanon Ratchadamnoen Klang, at the intersection of Thanon Dinso...
. The exact circumstances of 13 and 14 October remain controversial to this day. Late in the afternoon, King Bhumibol summoned Thanom and Praphas to the Palace, where they agreed to draft a new constitution within 12 months. As demonstrators dispersed that evening and in the next morning, the police and army began shooting at the remaining demonstrators, killing at least 70. Narong Kittikachorn personally shot into the crowds from a helicopter. Amid the chaos, Thanom and Praphas resigned from their political appointments, but continued to lead the military. They ordered more troops to confront the remaining demonstrators, but were blocked by
Krit SrivaraGeneral Krit Srivara was a military officer of the Royal Thai Army, a member of the Thai Cabinet, and Deputy Commander-in-Chief of the Royal Thai Army during the violent crackdown on democracy protesters on 14 October 1973...
, Army Deputy Commander. Thanom and Narong then resigned from their military positions. The King appointed Sanya Dhammasakdi, Privy Councilor, as Premier.
Sanya appointed a constitution drafting committee consisting of Justice Minister Prakob Hutasing,
Kukrit PramojMaj. Gen. Mom Rajawongse Kukrit Pramoj was a Thai politician and scholar. He was Speaker of the House of Representatives of Thailand 1973-1974 and was the thirteenth Prime Minister of Thailand, serving in office from 1975-1976.- Early years:Of royal descent, M.R...
, and a number of academics. They produced a first draft by 8 January 1974.
There were concerns that the Thanom-appointed Parliament would be inappropriate for approving the draft. The King suggested a royally-appointed 2,347-person group, who would appoint a 299-person committee, who would nominate a 100-person Convention to scrutinize the draft.
The first draft of the drafting committee swung the balance of power to an elected legislature for the first time since 1946. Political parties would once again be legalized. A hybrid between single-member and multiple-member constituencies was created: constituencies were once again province-wide with one MP for a population of 150,000, but a province with over 3 MPs was to be divided into two or more constituencies, each with at least 1 but not more than 3 MPs. This prevented populous provinces from dominating the legislature.
The draft allowed the elected House to appoint the Senate. A simple majority could override the royal veto. Cabinet members had to be MPs. In an unprecedented move, the drafters required a popular
referendumA referendum , ballot question, or plebiscite is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal...
on the draft prior to the King's approval.
The draft faced staunch opposition by royalist members of the Convention, led by
Kasem ChatikavanichKasem Chatikavanich was the former Governor of the Electricity Generating Authority of Thailand and is the current Chairman of Bangkok Mass Transit System Company, the operator of the Bangkok Skytrain. His nephew, Korn Chatikavanich, is a prominent member of the Democrat Party.-References:*...
. A new draft was demanded, granting the executive greater power and increasing royal powers to the level granted by the 1949 Constitution. The monarch would appoint a Senate with the countersign of the Privy Council President. The royal veto could be overridden only with a 2/3's majority of the combined Parliament. Furthermore, the Senate could kill any laws by not voting on them for 6 months. Civil servants and soldiers could not become MPs, but could form up to half of the Cabinet. The new draft would not require approval by a public referendum.
The palace added two clauses. First, in the absence of a prince, Parliament could select a princess as successor to the throne. The 1924 Palace Law on Succession banned female monarchs. Second, the Palace Law could be amended. Previous constitutions declared the law immutable.
The new draft was very different from the intentions of the drafting committee, and at one point, Sanya actually resigned from the Premiership, only to be pressured back into position. The new draft was approved by the Convention and promulgated in 7 October 1974. The majority of the constitution conformed to the Convention's alternative draft. However, the Premier, rather than the Privy Council President, was allowed to countersign the Royal Declaration appointing Senators. Legislative elections were held in January 1975, resulting in none of the 22 parties coming close to winning a majority. The Democrats, led by
Seni PramojMom Rajawongse Seni Pramoj was three times the prime minister of Thailand and a politician in the Democrat Party. A member of the Thai royal family, he was a descendant of King Rama II.-Biography:...
, formed a coalition government in February 1974. The coalition was highly unstable, and was replaced in less than amonth by a Social Action Party-led coalition which appointed
Kukrit PramojMaj. Gen. Mom Rajawongse Kukrit Pramoj was a Thai politician and scholar. He was Speaker of the House of Representatives of Thailand 1973-1974 and was the thirteenth Prime Minister of Thailand, serving in office from 1975-1976.- Early years:Of royal descent, M.R...
as Premier.
1976 Constitution
Kukrit's coalition government was highly controversial, and governed amid escalating anti-leftist violence. Kukrit's own house was attacked and ransacked by police in August 1975. The palace was increasingly involved in the political maelstrom, and in January 1976, the military successfully demanded that Kukrit dissolve Parliament. Elections were scheduled on 14 April. The months leading up to the election were extremely violent. Seni Pramoj's Democrats won the most seats in the election, and formed a shaky coalition government.
Seni's government came under great pressure. A bill to extend elections to local levels was passed by Parliament 149-19, but the King refused to sign the bill or return it to Parliament, effectively vetoing it. As anti-leftist hysteria escalated, Praphas Charusathien returned shortly from exile to meet the King. Protesting student were attacked by Red Gaur paramilitary units. On 19 September 1976, Thanom returned and was immediately ordained as a monk at Wat Bovornives. Massive protests erupted. The King and Queen returned from a trip to the South to visit monk Thanom, leading Seni to resign from the Premiership in protest. His resignation was refused by Parliament, but initial attempts to reshuffle his Cabinet were blocked by the King. The political tension finally exploded in 6 October 1976, when Village Scouts and Red Gaur joined with military and police to rape and massacre at least 46 students protesting at
Thammasat UniversityThammasat University is Thailand's second oldest university. Founded in 1934 as University of Moral and Political Sciences by Pridi Banomyong, a leader of Khana Ratsadon and one of Thailand's most prominent statesmen. It was transformed from an open university to the current form in 1960....
. That evening, the military seized power and installed hard-line royalist
Tanin KraivixienTanin Kraivixien was the prime minister of Thailand between 1976 and 1977. Tanin is the son of Hae and Pa-ob Kraivixien, and is of Chinese-Thai descent. Tanin studied law atThammasat University in Bangkok. He graduated there in 1948, and went to London School of Economics to continue with his...
as Premier.
The military coup was clearly endorsed by the King, who declared that it was "a manefestation of what the people clearly wanted."
The new constitution, promulgated on 1976, gave the Premier near absolute powers, including the power of
summary justiceSummary justice refers to the trial and punishment of suspected offenders without recourse to a more formal and protracted trial under the legal system...
. Political parties were banned. The King was allowed to appoint a 360-member unicameral National Assembly of bureaucrats and soldiers. In addition, the King was granted a new prerogative, the power to introduce his own legislation directly into the assembly.
Tanin made criminal cases the jurisdiction of military tribunals and gave police sweeping powers to detain people without charges for up to 6 months. The penalty for lese-majeste was toughened and the law's scope was expanded. Dozens of people were charged. All protests were banned (although royal rallies were allowed), the media was strictly censored, and the police scoured homes and schools to confiscate
blacklisted booksFreedom of speech in Thailand was guaranteed in the articles 39, 40, 41 in the 1997 Constitution.According to those articles, censorship may be imposed to preserve national security, maintain public order, preserve the rights of others, protect public morals, and prevent criticism of the royal...
. The communist insurgency escalated to nearly a full-scale war.
Symbolically, Tanin planned to renovate the
Democracy Monumentthumb|350px|The Democracy Monument, BangkokThe Democracy Monument is a public monument in the centre of Bangkok, capital of Thailand. It occupies a traffic circle on the wide east-west boulevard Thanon Ratchadamnoen Klang, at the intersection of Thanon Dinso...
. The monument, built to commemorate the constitution and the overthrow of the absolute monarchy, consisted of a gold-painted constitution atop giant offering bowls, situated in the center of the historic section of Bangkok. Tanin wanted to replace the constitution with a huge statue of King
PrajadhipokPhra Bat Somdet Phra Poramintharamaha Prajadhipok Phra Pok Klao Chao Yu Hua , or Rama VII was the seventh monarch of Siam under the House of Chakri. He was the last absolute monarch and the first constitutional monarch of the country. His reign was a turbulent time for Siam due to huge political...
. Engineering challenges prevented this, so he instead placed the statue in front of Parliament. As for the Democracy Monument, the government planned to demolish it.
1977 Charter
Tanin's dictatorship provoked harsh opposition, even from the military, who's slate of legislative appointees was largely rejected by Tanin. On 20 October 1977, the military, led by
Kriangsak ChomananGeneral Kriangsak Chomanan served as prime minister of Thailand from 1977 to 1980.A professional soldier, General Kriangsak fought in the Korean War as well as in Vietnam against the communists...
, overthrew Tanin's government. The King's opposition to this can be seen from his immediate appointment of Kriangsak to his personal
Privy CouncilThe Privy Council of Thailand is a body of appointed advisors to the Monarch of Thailand: King Bhumibol Adulyadej of Thailand. The Council, as the Constitution of Thailand stipulates, must be composed of no more than eighteen members...
. However, he did consent to signing the military's draft Charter.
The 1977 Charter was virtually the same as the 1976 Constitution. The only key difference was that the name of the junta was changed to the National Policy Council.
The new regime pledged a permanent constitution and elections in 1979. The National Policy Council appointed only 3 of its members to the Cabinet. Relations with communist China, Laos, and Vietnam were improved. This foreign policy, as well as reconciliary government policies, weakened the Communist Party of Thailand and greatly reduced domestic political tensions.
Kriangsak's government continued to be snubbed by the King. Deposed Premier Tanin was appointed to the King's
Privy CouncilThe Privy Council of Thailand is a body of appointed advisors to the Monarch of Thailand: King Bhumibol Adulyadej of Thailand. The Council, as the Constitution of Thailand stipulates, must be composed of no more than eighteen members...
. Amnesty to protesters and students tried by the Tanin regime was denied for years.
1978 Constitution
Kriangsak drafted a more democratic constitution in 1978. The constitution established a bicameral National Assembly, consisting of an elected 301-member House of Representatives and an appointed 225-member Senate. The Premier, not the King, appointed the Senate. The House could submit a motion for parliamentary debate for vote a of no-confidence. However, the Senate could block House legislation concerning national security, the economy, the budget, and votes of no confidence. Most significantly, the Constitution created a transitory period, to end in 21 April 1983, after which military and civil servants would be banned from appointment to the Premiership and Cabinet.
House elections, for which political parties were banned, were held in April 1979, resulting in a coalition government which continued to appoint Kriangsak as Premier. The
oil crisisThe 1979 oil crisis in the United States occurred in the wake of the Iranian Revolution. Amid massive protests, the Shah of Iran, Mohammad Reza Pahlavi, fled his country in early 1979, allowing the Ayatollah Khomeini to gain control. The protests shattered the Iranian oil sector...
later caused rampant inflation, leading to Kriangsak's resignation (without a dissolution of Parliament) in February 1980. A coalition government was formed that appointed Kriangsak's Defense Minister, Army Commander
Prem TinsulanondaGeneral Prem Tinsulanonda is a retired Thai military officer who served as Prime Minister of Thailand from March 3, 1980 to August 4, 1988...
as Premier.
Prem ruled for another 8 years, never once running in an election. He retained power despite several military coups with strong palace support. Prem legalized political parties.
In early 1983, facing the end of the constitutional transitory period in 21 April, after which he would be banned from appointment to the Premiership, Prem planned to amend the Constitution to make the transitory period permanent. Prem's aid, Pichit Kullavanich, hinted at a military coup if the amendment was not ratified. The amendment faced harsh public opposition while the military itself was distracted by internal conflicts, leading to the failure of the amendment its 3rd reading on 16 March 1983.
On 19 March 1983, Prem dissolved Parliament and scheduled House elections on 18 April. The new government would thus be formed under the transitory clauses, allowing Prem to continue as Premier for up to 4 more years. Prem's plan was successful and allowed him to consolidate his power base. Prem noted that "The armed forces will play an important role in the defense of the country, national independence, and the democratic system under the monarchy."
Parliament revolted again in 1986, prompting Prem to dissolve Parliament and schedule House elections in 27 July. The Democrats campaigned against Prem's domination and managed to win the most seats. But the government coalition they formed still reappointed Prem as Premier. Later, Prem's became accused of using the King's name and the military's strength as the means to retain power.
Prem was finally brought down by a series of corruption scandals and the humiliating defeat of Thai troops in a border skirmish with
LaosLaos , officially the Lao People's Democratic Republic, is the only landlocked country in Southeast Asia, bordered by Burma and People's Republic of China to the northwest, Vietnam to the east, Cambodia to the south and Thailand to the west...
. Parliament was dissolved and House elections scheduled for 24 July 1988, with Prem again not standing for election. As in 1986, the election resulted in no single party winning enough seats to govern without a coalition. Thousands protested in front of Prem's house against the prospect of an unelected Premier, until Prem finally announced that he would not accept the Premiership. The
Chart Thai partyThai Nation Party , also known as Chart Thai, was a conservative political party in Thailand. It was dissolved by the Constitutional Court of Thailand on December 2, 2008, along with the People's Power Party and the Matchima party, for having violated electoral laws in the Thai general election,...
, led by General
Chatichai ChoonhavanGeneral Chatichai Choonhavan was the Prime Minister of Thailand from 1988 to 1991. He was the only son of Field Marshal Phin Choonhavan, and is of Thai Chinese descent with ancestry from Chenghai District...
, won the most seats in the election, and
ChatichaiGeneral Chatichai Choonhavan was the Prime Minister of Thailand from 1988 to 1991. He was the only son of Field Marshal Phin Choonhavan, and is of Thai Chinese descent with ancestry from Chenghai District...
became the new Premier.
1991 constitutions
In 23 February 1991, Army Commander
Suchinda KraprayoonSuchinda Kraprayoon was Prime Minister of Thailand from 7 April 1992 until 24 May 1992.Suchinda, son of Juang and Sompong Kraprayoon, was born 6 August 1933 in the province of Nakhon Pathom, Thailand, and is of Chinese and Mon descent...
led the military in seizing power from the
ChatichaiGeneral Chatichai Choonhavan was the Prime Minister of Thailand from 1988 to 1991. He was the only son of Field Marshal Phin Choonhavan, and is of Thai Chinese descent with ancestry from Chenghai District...
government, abrogating the 1978 Constitution, and replacing it with a temporary charter. Calling themselves the
National Peace Keeping CouncilThe National Peace Keeping Council was a Thai military junta that overthrew the civilian elected government of Chatichai Choonhavan in 1991. It was led by Army Commander Suchinda Kraprayoon, Supreme Commander Sunthorn Kongsompong, Airforce Commander Kaset Rojananil and members of the 5th Class of...
(NPKC), the coupmakers appointed a new unicameral National Assembly of 292 military officers and supporters, headed by Ukrit Mongkolnavin. Ukrit and appointed Premier
Anand PanyarachunAnand Panyarachun was Thailand's Prime Minister twice, between 1991-1992 and once again in 1992. He was effective in initiating economic and political reforms, one of which was the drafting of Thailand's "Peoples' Constitution", which was promulgated in 1997 and abrogated in 2006...
were tasked with drafting a permanent constitution.
The drafting of a new constitution became a virtual battleground between the military and its opponents. The military favored a position of continued strength, a larger and more powerful
NPKCThe National Peace Keeping Council was a Thai military junta that overthrew the civilian elected government of Chatichai Choonhavan in 1991. It was led by Army Commander Suchinda Kraprayoon, Supreme Commander Sunthorn Kongsompong, Airforce Commander Kaset Rojananil and members of the 5th Class of...
-appointed Senate with power over an elected House, a larger
Privy CouncilThe Privy Council of Thailand is a body of appointed advisors to the Monarch of Thailand: King Bhumibol Adulyadej of Thailand. The Council, as the Constitution of Thailand stipulates, must be composed of no more than eighteen members...
, and the ability for non-elected officials to become cabinet members. This last clause allowed an acting military leader to become Premier. The public mobilized to protest the draft, with 50,000 people demonstrating at
Sanam LuangSanam Luang is an open field and public square in front of Wat Phra Kaew and the Grand Palace, Bangkok, Thailand. Sanam Luang is located in the Phra Nakhon district, the historic center of Bangkok....
on 19 November 1991, the largest protest in Thailand since 1976. The King intervened in his 4 December birthday speech, urging the public to accept the draft and noting that "procedures or principles that we have imported for use are sometimes not suitable to the conditions of Thailand or the character of Thai people." The constitution allowed
Suchinda KraprayoonSuchinda Kraprayoon was Prime Minister of Thailand from 7 April 1992 until 24 May 1992.Suchinda, son of Juang and Sompong Kraprayoon, was born 6 August 1933 in the province of Nakhon Pathom, Thailand, and is of Chinese and Mon descent...
to be appointed as Prime Minister, which led to a
violent public uprisingBlack May is a common name for the 17-20 May 1992 popular protest in Bangkok against the government of General Suchinda Kraprayoon and the bloody military crackdown that followed. Up to 200,000 people demonstrated in central Bangkok at the height of the protests...
in May 1992 that brought down the government.
1997 Constitution
The
1997 ConstitutionFor legal and historical context, see the Constitutions of Thailand articlethumb|275px|Bangkok's [[Democracy Monument, Bangkok|Democracy Monument]]: a representation of the 1932 Constitution sits on top of two golden offering bowls above a turret....
was widely hailed as a landmark in democratic political reform. Promulgated in 11 October 1997, it was the first constitution to be drafted by an elected assembly, and hence was popularly called the "People's Constitution".
The constitution drafting process
The "
Black MayBlack May is a common name for the 17-20 May 1992 popular protest in Bangkok against the government of General Suchinda Kraprayoon and the bloody military crackdown that followed. Up to 200,000 people demonstrated in central Bangkok at the height of the protests...
" public uprising against the NPKC-dominated government that arose due to the 1991 Constitution provoked public calls for a more accountable system of government. In June 1994, the Prawes Wasi-led House Committee for Democracy Development amended the 1991 Constitution but was unable to push through significant reform. After the collapse of the Chuan government, the 1995-1996 government of
Banharn Silpa-archaBanharn Silpa-archa was the 21st Prime Minister of Thailand, from 13 July 1995 to 24 November 1996. He has been a veteran Sino-Thai Member of Parliament since 1976 as the elected representative of Suphanburi province...
amended the 1991 Constitution again in 22 October 1996.
The 1996 amendment called for the creation of an entirely new constitution by a 99-member Constitution Drafting Assembly (CDA). Seventy-six members would be directly elected from each province and 23 members would be selected by the Parliament.
Anand PanyarachunAnand Panyarachun was Thailand's Prime Minister twice, between 1991-1992 and once again in 1992. He was effective in initiating economic and political reforms, one of which was the drafting of Thailand's "Peoples' Constitution", which was promulgated in 1997 and abrogated in 2006...
, PM in 1991 under the military regime, was elected as a member of the CDA and appointed Chairman of the Drafting Committee.
Political scientistsPolitical science is a social science concerned with the theory and practice of politics and the description and analysis of political systems and political behavior. It is often described as the pragmatic application of the art and science of politics defined as "who gets what, when and how",...
and
juristA jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
s
Chai-Anan SamudavanijaChai-Anan Samudavanija is a Thai political scientist, Director of Vajiravudh College, President of the Royal Institute, former Judge of the Constitutional Court, a former Professor of Political Science at Chulalongkorn University. He was one of the key drafters of the 1997 Constitution of Thailand...
,
Amorn ChantarasomboonAmorn Chantarasomboon is a Thai expert on public law and constitutional law. He was a former Secretary-General of the Council of State and was a key drafter of the 1997 Constitution...
, Uthai Pimchaichon, and
Borwornsak UwannoBorwornsak Uwanno is a Thai legal expert, and held the post of Cabinet secretary-general under the Thaksin-government and was a professor of Law at Chulalongkorn University; and a key drafter of the 1997 Constitution of Thailand.-Drafter of the 1997 Constitution:Borwornsak was a member of the...
played key roles in the Assembly. Public consultation took place on a nation-wide basis. Some clauses, particularly the requirement that all MPs hold bachelor degrees, the
Constitutional CourtThe Constitutional Court of Thailand is an independent Thai court originally established under the 1997 Constitution with jurisdiction over the constitutionality of parliamentary acts, royal decrees, draft legislation, as well as the appointment and removal of public officials and issues regarding...
, and decentralisation provoked strong criticism. The Asian Economic Crisis of 1997 has been cited as a major impetus for the constitution's successful approval.
Key features
The 1997 Constitution has several innovations compared to previous constitutions, including
- Election reform. Voting was made compulsory
Compulsory voting requires electors to vote in elections or attend a polling place on voting day. With a secret ballot voters remain free to spoil their ballot papers or remove them from the polling booth, depending on the voting system...
in order to ensure high-turn out reduce vote buying. A mixed electoral systemThe Additional Member System is a branch of voting systems in which some representatives are elected from geographic constituencies and others are elected under proportional representation from a wider area, usually by party lists. Voters have two votes, one for the party and the second for the...
based on Germany'sGermany , officially the Federal Republic of Germany , is a country in Central Europe. It is bordered to the north by the North Sea, Denmark, and the Baltic Sea; to the east by Poland and the Czech Republic; to the south by Austria and Switzerland; and to the west by France, Luxembourg, Belgium,...
was adopted for the House of Representatives. 100 members of the House are elected from party lists, and the remaining 400 are elected from single-member constituencies. MPs were required to have a bachelor's degreeA bachelor's degree is usually an academic degree awarded for an undergraduate course or major that generally lasts for four years, but can range from two to six years depending on the region of the world...
. An independent Election CommissionThe Election Commission of the Kingdom of Thailand is an independent government agency and the sole Electoral Commission of Thailand tasked with overseeing Senate, House, local and district elections throughout the Kingdom of Thailand...
was established.
- Strengthening the executive branch. A 2/5's vote of the House was required for a vote of no confidence debate against a Prime Minister. A successful vote of no confidence required a majority of 1/2 of the House. Only 1/5th of the House was required for a no confidence motion against an individual Minister. These measures were aimed at increasing the stability of governments.
- Greater separation between the executive and legislative branches. MPs were forced to resign from the House in order to become Cabinet Ministers.
- Human rights
Human rights refer to the "basic rights and freedoms to which all humans are entitled." Examples of rights and freedoms which have come to be commonly thought of as human rights include civil and political rights, such as the right to life and liberty, freedom of expression, and equality before the...
. A plethora of human rights were explicitly recognized, including the right to free educationFree education is education that is provided at no cost to students. Although primary school and other comprehensive or compulsory education is free in many countries, the Nordic countries are all examples of countries where education is mostly free all the way up Free education (or subsidized...
, the rights of traditional communities, and the right and duty to peacefully protest coups and other extra-constitutional means of acquiring power. The right to protest coups was banned following the 2006 coup.
- Decentralization
__FORCETOC__Decentralization or Decentralisation is the process of dispersing decision-making governance closer to the people and/or citizen. It includes the dispersal of administration or governance in sectors or areas like engineering, management science, political science, political economy,...
of government, including the establishment of elected Tambol Administrative Organizations (TAOs) and Provincial Administrative Organizations (PAOs). School administration was also decentralized.
- Increased checks and balances, including new independent government agencies like the Constitutional Court
The Constitutional Court of Thailand is an independent Thai court originally established under the 1997 Constitution with jurisdiction over the constitutionality of parliamentary acts, royal decrees, draft legislation, as well as the appointment and removal of public officials and issues regarding...
, the Administrative Court, the Office of the Auditor-General, the National Counter CorruptionPolitical corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...
Commission, the National Human Rights CommissionThe Thai National Human Rights Commission functioned from July 13 2001 until 19 September 2006, when it was closed after the Thai military seized power in a coup...
, the Consumer’s ProtectionConsumer protection laws are designed to ensure fair competition and the free flow of truthful information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors and may provide additional...
Organization, the Environmental ConservationThe conservation of forests also known as nature conservation is a political and social movement that seeks to protect natural resources including plant and animal species as well as their habitat for the future....
Organization, and an OmbudsmanAn ombudsman is a person who acts as a trusted intermediary between an organization and some internal or external constituency while representing the broad scope of constituent interests....
.
Praise and criticism
The Constitution was highly praised for the participative process involved in its drafting, its enshrinement of human rights, and its significant advances in political reform. It was viewed as successful in fostering democratic development and increasing political stability. Its measures to politically empower and protect citizens were also praised. The January 2001 House elections, the first House elections contested under the 1997 Constitution, were called the most open, corruption-free election in Thai history. Political parties were effectively strengthened, and the effective number of parties in the legislature fell.
Most criticism was based on the perspective that the Constitution was
too effective in some of its reforms. One of the members of the Drafting Committee,
Amorn ChantarasomboonAmorn Chantarasomboon is a Thai expert on public law and constitutional law. He was a former Secretary-General of the Council of State and was a key drafter of the 1997 Constitution...
, claimed that an overly strong and stable government brought on a "
tyranny of the majorityOn Liberty is a philosophical work by 19th century English philosopher John Stuart Mill, first published in 1859. To the Victorian readers of the time it was a radical work, advocating moral and economic freedom of individuals from the state....
" and a "
parliamentary dictatorshipThe phrase elective dictatorship was coined by the former Lord Chancellor of the United Kingdom, Lord Hailsham, in a Richard Dimbleby Lecture at the BBC in 1976....
." Following House elections in April 2006, the
Election CommissionersThe Election Commission of the Kingdom of Thailand is an independent government agency and the sole Electoral Commission of Thailand tasked with overseeing Senate, House, local and district elections throughout the Kingdom of Thailand...
were jailed and the election results overturned by the
Constitunal CourtThe Constitutional Court of Thailand is an independent Thai court originally established under the 1997 Constitution with jurisdiction over the constitutionality of parliamentary acts, royal decrees, draft legislation, as well as the appointment and removal of public officials and issues regarding...
.
The constitution was also criticized for the lack of clarity with which it defines the King's role in politics (see Royal powers and 2006 demand for royal intervention). The Senate's role in scrutinizing
Constitutional CourtThe Constitutional Court of Thailand is an independent Thai court originally established under the 1997 Constitution with jurisdiction over the constitutionality of parliamentary acts, royal decrees, draft legislation, as well as the appointment and removal of public officials and issues regarding...
appointments came under much criticism (see Appointment of the first Constitutional Court). Although the Senate was supposed to be non-partisan, bloc voting became common. A
constitutional crisisA constitutional crisis is a severe breakdown in the orderly operation of government. Generally speaking, a constitutional crisis is a situation in which separate factions within a government disagree about the extent to which each of these factions hold sovereignty...
almost occurred following April 2006 House elections (see April 2006 House election results). Governments were criticized for politicizing appointments to independent agencies.
September 2006 Thailand coup
On the evening of 19 September 2006, less than a month before
scheduled nation-wide House electionsAfter Thailand's April 2006 elections were declared invalid by the Constitutional Court, it was decided that new elections would be held on 15 October 2006...
, the Thai military led a coup against the government of
Thaksin ShinawatraThaksin Shinawatra is a Thai businessman who was Prime Minister of Thailand from 2001 to 2006, when he was deposed in a military coup and convicted in absentia for a conflict of interest. He was born in Chiang Mai Province, Thailand and started his career in the police...
. The military junta abrogated the
1997 ConstitutionFor legal and historical context, see the Constitutions of Thailand articlethumb|275px|Bangkok's [[Democracy Monument, Bangkok|Democracy Monument]]: a representation of the 1932 Constitution sits on top of two golden offering bowls above a turret....
, suspended the
ParliamentThe National Assembly of Thailand or the Parliament of Thailand is the legislative branch of the government of Thailand. The National Assembly of Thailand is a bicameral body, consisting of two chambers: the upper house, , and the lower house,...
, banned demonstrations and political activities, censored the media, and dissolved the Constitutional Court,
National Human Rights CommissionThe Thai National Human Rights Commission functioned from July 13 2001 until 19 September 2006, when it was closed after the Thai military seized power in a coup...
and other agencies created by the
1997 ConstitutionFor legal and historical context, see the Constitutions of Thailand articlethumb|275px|Bangkok's [[Democracy Monument, Bangkok|Democracy Monument]]: a representation of the 1932 Constitution sits on top of two golden offering bowls above a turret....
. For the first weeks, the junta ruled by decree.
International condemnationThe 2006 Thailand coup d'état took place on 19 September 2006, when members of the Royal Thai Army staged a coup against the government of Prime Minister Thaksin Shinawatra. The coup, which is Thailand's first in fifteen years, followed a year-long political crisis involving Thaksin and political...
and several local protests against the coup were conducted, despite the junta's ban. In subsequent weeks, condemnation of the coup transformed into criticism of the junta-appointed government of General
Surayud ChulanontGeneral Surayud Chulanont is a Thai political figure. He was the Prime Minister of Thailand and head of Thailand's Interim Government between 2006 and 2008...
and the constitution drafting process.
The drafting process
The junta appointed a legal panel to draft an interim charter (later officially called a "constitution"). The team was led by former Senate speaker
Meechai RuchuphanMeechai Ruchuphan was the acting Prime Minister of Thailand following the military domination of the government. He served from May 24, 1992 to June 10, 1992. He was succeeded by the previous civilian Prime Minister Anand Panyarachun...
, and originally included jurists
Borwornsak UwannoBorwornsak Uwanno is a Thai legal expert, and held the post of Cabinet secretary-general under the Thaksin-government and was a professor of Law at Chulalongkorn University; and a key drafter of the 1997 Constitution of Thailand.-Drafter of the 1997 Constitution:Borwornsak was a member of the...
and Wissanu Krea-ngam. Both had played key roles in drafting the 1997 Constitution and had served under the deposed government, although they had resigned several months before the coup. Both resigned from the panel after public criticism that they were members of the
ancien régimeAncien Régime refers primarily to the aristocratic, social, and political system established in France under the Valois and Bourbon dynasties...
.
Thammasat UniversityThammasat University is Thailand's second oldest university. Founded in 1934 as University of Moral and Political Sciences by Pridi Banomyong, a leader of Khana Ratsadon and one of Thailand's most prominent statesmen. It was transformed from an open university to the current form in 1960....
vice-rector
Prinya ThewanaruemitkulPrinya Thewanaruemitkul is a former Thai student leader and currently Assistant Rector at Thammasat University. During the 1992 protests against the military-led government that led to Bloody May, Prinya was Secretary-General of the Student Federation of Thailand. He was a student at Thammasat...
harshly criticized the two, saying that they were "not honourable enough to look after the democratic system." Both refused to play any further role with the military junta.
Key features and criticism
A draft of the interim charter was released on 27 September 2006, to much criticism. The drafter interim charter allowed the junta, which would be transformed into a permanent Council for National Security (CNS), to appoint an extremely powerful executive branch. The junta would also appoint a 250-member unicameral legislature. Other major concerns included:
- The lack of controls for the drafting of a permanent constitution. The CNS would appoint a 2,000-member National People's Assembly which would select 200 of its members to be candidates for the Constitution Drafting Assembly. The CNS would select 100 of those candidates for royal appointment to the Assembly; it would also select the Assembly head. The Assembly would then appoint 25 of its members as constitution writers, with the CNS directly appointing 10 writers. This process effectively gave the junta complete control over the drafting of the permanent constitution.
- The use of an old charter if the permanent constitution was not completed by a CNS-set deadline. The specific charter to revert to was not specified - the CNS and the Cabinet would choose which of Thailand's 16 previous charters to use.
- The lack of a clear timeline for a permanent constitution.
- The inclusion of King Bhumibol's theory of a self-sufficient economy in the preamble.
- The granting of legal authority for the junta's post-coup announcements and orders, including bans against demonstrations and political activities (Article 36).
- The granting of amnesty to the junta for executing the coup (Article 37).
- The inability of the public to file comments on parliamentary bills.
The draft's content as well as drafting process met with much public criticism. However, the interim charter did call for one democratic innovation: it required that a permanent constitution would have to be ratified by public referendum. Nonetheless, the referendum proposal too was condemned, as the junta would have complete authority to propose a permanent alternative constitution if the draft were to be rejected.
The draft interim charter was promulgated unchanged on 1 October 2006.
2007 Constitution
The 2006 Interim Constitution specified the terms and conditions for the drafting of a permanent constitution. The drafting committee consisted of drafters both directly and indirectly appointed by the CNS junta. The draft was subject to a public referendum, but under the terms of the 2006 Constitution, the CNS would be allowed to promulgate any constitution of their choosing if the draft failed the referendum. The draft was criticized by the Thai Rak Thai party and supported by the Democrat party. Criticism of the draft was banned. The CNS attempted to link loyalty to the King with support for the draft, and ran a campaign with the slogan "Love the King. Care about the King. Vote in a referendum. Accept the 2007 draft charter." The draft was approved by 59.3% of the voters on 19 August 2007, with 55.6% of qualified voters voting.
Under the 2007 Constitution, only half of the Senate was elected; the other half was appointed. The executive branch was weakened, and half as many MPs were needed to propose a no-confidence vote compared to the 1997 Constitution. The judiciary was strengthened and high ranking judges became part of the appointment committees for the Senate, the Election Commission, and other independent agencies.
Etymology
The word "constitution" in
ThaiThai is the national and official language of Thailand and the mother tongue of the Thai people, Thailand's dominant ethnic group. Thai is a member of the Tai group of the Kradai language family. The Kradai languages are thought to have originated in what is now southern China, and are linked to...
(รัฐธรรมนูญ; ratha thama noon) can literally be translated as "rule of the state with
dharmaThe term , is an Indian spiritual and religious term, that means one's righteous duty or any virtuous path in the common sense of the term. A Hindu's Dharma is affected by a person's age, class, occupation, and sex. In Indian languages it can be equivalent simply to "religion", depending on context...
" or "charter for the rule of the state".
See also
- Politics of Thailand
The politics of Thailand are currently conducted within the framework of a constitutional democratic monarchy, whereby the Prime Minister is the head of government and a hereditary monarch is head of state. The judiciary is independent of the executive and the legislative branches.Thai kingdoms and...
- Human rights in Thailand
The constitution is an advocate of freedom of speech, freedom of press, peaceful assembly, association, religion, and movement within the country and abroad.-Constitutional guarantees:...
- History of Thailand (1932-1973)
The history of Thailand from 1932 to 1973 was dominated by military dictatorships which were in power for much of the period. The main personalities of the period were the dictator Pibulsonggram , who allied the country with Japan during the Second World War, and the civilian politician Pridi...
- History of Thailand since 1973
The history of Thailand since 1973 has seen a difficult and sometimes bloody transition from military to civilian rule, with several reversals along the way, including the most recent military coup of September 2006. The revolution of 1973 inaugurated a brief, unstable period of democracy, with...
- Thailand political crisis 2005-2006
The 2005–2006 Thai political crisis was a period in which series of events occurred that ended the political career of Thaksin Shinawatra, Prime Minister of Thailand...
- Prajadhipok
Phra Bat Somdet Phra Poramintharamaha Prajadhipok Phra Pok Klao Chao Yu Hua , or Rama VII was the seventh monarch of Siam under the House of Chakri. He was the last absolute monarch and the first constitutional monarch of the country. His reign was a turbulent time for Siam due to huge political...
- Bhumibol Adulyadej
class="infobox vcard" style="font-size: 88%; text-align: left; width: 22em;"|-! colspan="2" style="background: #ffff00; color: #000000; font-size: 120%; text-align: center;" class="fn"|...
- National Assembly of Thailand
The National Assembly of Thailand or the Parliament of Thailand is the legislative branch of the government of Thailand. The National Assembly of Thailand is a bicameral body, consisting of two chambers: the upper house, , and the lower house,...
- Constitutional Court of Thailand
The Constitutional Court of Thailand is an independent Thai court originally established under the 1997 Constitution with jurisdiction over the constitutionality of parliamentary acts, royal decrees, draft legislation, as well as the appointment and removal of public officials and issues regarding...
Further reading
- Constitution of the Kingdom of Thailand (Interim), 2006, official translation in English
- Constitution of the Kingdom of Thailand (the 1997 Constitution) In English
- http://th.wikisource.org/wiki/%E0%B8%A3%E0%B8%B1%E0%B8%90%E0%B8%98%E0%B8%A3%E0%B8%A3%E0%B8%A1%E0%B8%99%E0%B8%B9%E0%B8%8D%E0%B9%81%E0%B8%AB%E0%B9%88%E0%B8%87%E0%B8%A3%E0%B8%B2%E0%B8%8A%E0%B8%AD%E0%B8%B2%E0%B8%93%E0%B8%B2%E0%B8%88%E0%B8%B1%E0%B8%81%E0%B8%A3%E0%B9%84%E0%B8%97%E0%B8%A2_%E0%B8%9E%E0%B8%B8%E0%B8%97%E0%B8%98%E0%B8%A8%E0%B8%B1%E0%B8%81%E0%B8%A3%E0%B8%B2%E0%B8%8A_%E0%B9%92%E0%B9%95%E0%B9%94%E0%B9%90Constitution of the Kingdom of Thailand] (the 1997 Constitution) In Thai
Thai is the national and official language of Thailand and the mother tongue of the Thai people, Thailand's dominant ethnic group. Thai is a member of the Tai group of the Kradai language family. The Kradai languages are thought to have originated in what is now southern China, and are linked to...
, from Thai Wikisource
- The 1991 Constitution
- King Prajadhipok's Institute, an independent academic organization dedicated to developing Thai democracy
- Andrew Harding, May there be Virtue: ‘New Asian Constitutionalism’ in Thailand, Microsoft Word format and HTML format
- Cabinet of the Royal Thai Government, History of Thai Prime Ministers
- Kobkua, Suwannathat-Pia, "Kings, Country and Constitutions: Thailand's Political Development 1932-2000", RoutledgeCurzon, ISBN 0-7007-1473-1
External links