Constitution of Thailand - AbsoluteAstronomy.com

The Constitution of the Kingdom of Thailand (Thai

Thai language

Thai , also known as Central Thai and Siamese, is the national and official language of Thailand and the native language of the Thai people, Thailand's dominant ethnic group. Thai is a member of the Tai group of the Tai–Kadai language family. Historical linguists have been unable to definitively...

:รัฐธรรมนูญแห่งราชอาณาจักรไทย) is the supreme law

Constitution

A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...

of Thailand

Thailand

Thailand , officially the Kingdom of Thailand , formerly known as Siam , is a country located at the centre of the Indochina peninsula and Southeast Asia. It is bordered to the north by Burma and Laos, to the east by Laos and Cambodia, to the south by the Gulf of Thailand and Malaysia, and to the...

. Since the change from an absolute monarchy

Absolute monarchy

Absolute monarchy is a monarchical form of government in which the monarch exercises ultimate governing authority as head of state and head of government, his or her power not being limited by a constitution or by the law. An absolute monarch thus wields unrestricted political power over the...

to a constitutional democracy in 1932, Thailand has had 17 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 monarchy

Constitutional monarchy

Constitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a constitution, whether it be a written, uncodified 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 elected

Election

An 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 operates since the 17th century. Elections may fill offices in the legislature, sometimes in the...

and appointed. The direct powers of the monarch have also varied considerably.

Thailand's current constitution

2007 Constitution of Thailand

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...

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 a 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 participation

Public participation

Public participation is a political principle or practice, and may also be 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 legislature

Legislature

A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...

, both houses of which were elected. Many human rights

Human rights

Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...

were explicitly acknowledged for the first time, and measures were established to increase the stability of elected governments.

Overview

Siam (today known as Thailand

Thailand

) has had 17 constitutions and charters since the overthrow of the absolute monarchy

Absolute monarchy

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
2007 Constitution of Thailand
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 Dhanarajata

Sarit Dhanarajata

Field Marshal Sarit Thanarat , was a Thai career soldier who staged a coup in 1957, thereafter serving as Thailand's Prime Minister until his death in 1963. He was born in Bangkok, but grew up in his mother's home town in Lao-speaking northeastern Thailand and considered himself a northeasterner...

, 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 monarchy

Constitutional monarchy

Constitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a constitution, whether it be a written, uncodified or blended constitution...

. Widely varying, however, have been the strength of the legislature

Legislature

, the extent to which the legislature is appointed vs. elected, the power of the monarch, and the strength of the executive

Executive (government)

Executive branch of Government is the part of government that 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 idea of the separation of powers.In many countries, the term...

. 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 Dhanarajata

Sarit Dhanarajata

absolute power over the executive and the legislature, which reflected the overwhelming strength with which he executed a coup over Plaek Pibulsonggram

Plaek Pibulsonggram

Field Marshal Plaek Pibunsongkhram , often known as Phibun Songkhram or simply Phibun in English, was Prime Minister and virtual military dictator of Thailand from 1938 to 1944 and 1948 to 1957.- Early years :...

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
1997 Constitution of Thailand
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 1932
Siamese Revolution of 1932
The 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 Prajadhipok

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...

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 structure

Westminster System

The 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 sovereign

Sovereignty

Sovereignty is the quality of having supreme, independent authority over a geographic area, such as 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 legislature

Legislature

) a 70-member, all appointed by the Khana Ratsadon, a 15-member People's Committee of Siam (the executive

Executive (government)

), the courts of law (the judiciary

Judiciary

The judiciary is the system of courts that interprets and applies the law in the name of the 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 education

Primary education

A primary school is an institution in which 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 infallible

Infallibility

Infallibility, 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 immunity

Sovereign immunity

Sovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution....

: although he could not be prosecuted in an ordinary court of law, the Assembly could impeach

Impeachment

Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....

and try him. The monarch did not have the right to grant pardon

Pardon

Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...

s.

Several other features would be mirrored in later constitutions. The monarch would not have an absolute veto

Veto

A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...

- any law sent back to the Assembly, which could approve it with a simple majority

Majority

A majority is a subset of a group consisting of more than half of its members. This can be compared to a plurality, which is a subset larger than any other subset; i.e. a plurality is not necessarily a majority as the largest subset may consist of less than half the group's population...

. The charter followed the 1924 Palace Law

1924 Palace Law of Succession

The Palace Law on Succession, BE 2467 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 succession

Order of succession

An 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 abdication

Abdication

Abdication occurs when a monarch, such as a king or emperor, renounces his office.-Terminology:The word abdication comes derives from the Latin abdicatio. meaning to disown or renounce...

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 sovereign

Sovereignty

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 Songkhram

Sri Sitthi Songkhram

Phraya Sri Sitthi Songkhram was a Siamese career Army officer. He became Chief of Staff of the First Army under the absolute monarchy, and was Chief of Operations of the Army briefly during the post-1932 constitutional monarchy...

led a rebellion against the government. After two weeks of violent fighting, during which Bangkok was bombed and Sri Sitthi Songkhram

Sri Sitthi Songkhram

was killed, the People's Party defeated the rebels. Prince Boworadej fled abroad. Prince King Prajadhipok

Prajadhipok

, 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 Buddha

Emerald Buddha

The Emerald Buddha is the palladium of the Kingdom of Thailand, a figurine of the sitting Buddha, made of green jadeite , 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 elections

Universal suffrage

Universal 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 non-citizens...

1946 Constitution

After the end of the World War II

World War II

World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

, the collaborationist

Collaborationism

Collaborationism is cooperation with enemy forces against one's country. Legally, it may be considered as a form of treason. Collaborationism may be associated with criminal deeds in the service of the occupying power, which may include complicity with the occupying power in murder, persecutions,...

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 Mahidol

Ananda Mahidol

Ananda Mahidol was the eighth monarch of Thailand under the House of Chakri. At the time he was recognized as king by the National Assembly, in March 1935, he was a nine-year-old boy living in Switzerland. He returned to Thailand in December 1945. Six months later, in June 1946, he was found shot...

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. Pridi Banomyong called it the constitution that gave the Thai people the most complete democratic rights. 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 Lords

House of Lords

The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....

, 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 in 8 November 1947 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 Mahidol

Ananda Mahidol

was not due to suicide. The coup restored power to Marshal Plaek, and was supported by Phin Choonhavan

Phin Choonhavan

Field Marshal Phin Choonhavan was a Thai military leader. Phin was a leader of several coups against the government, most notably the 1947 coup...

, Seni Pramoj

Seni Pramoj

Mom 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 ground

Sanam Luang

Sanam 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 Ayutthaya

Ayutthaya (city)

Ayutthaya city is the capital of Ayutthaya province in Thailand. Located in the valley of the Chao Phraya River. The city was founded in 1350 by King U Thong, who went there to escape a smallpox outbreak in Lop Buri and proclaimed it the capital of his kingdom, often referred to as the Ayutthaya...

before it fell to the Burmese

Bamar

The Bamar are the dominant ethnic group of Burma , constituting approximately two-thirds of the population. The Bamar live primarily in the Irrawaddy basin, and speak the Burmese language, which is also the official language of Burma. Bamar customs and identity are closely intertwined with general...

, 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 Lausanne

Lausanne

Lausanne is a city in Romandy, the French-speaking part of Switzerland, and is the capital of the canton of Vaud. The seat of the district of Lausanne, the city is situated on the shores of Lake Geneva . It faces the French town of Évian-les-Bains, with the Jura mountains to its north-west...

, 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 (later to be transformed into the Privy 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 Supreme State Council had been banned after the 1932 revolution. 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 war

Declaration of war

A declaration of war is a formal act by which one nation goes to war against another. The declaration is a performative speech act by an authorized party of a national government in order to create a state of war between two or more states.The legality of who is competent to declare war varies...

and martial law

Martial law

Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...

.

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 chairman of the Supreme State Council had to countersign any royal orders in order to make them official (when the constitution was announced, Bhumibol Adulyadej was still a minor and the Privy Council performed the king's regnal duties on his behalf; thus in practice, the Supreme Council of State itself selected and appointed senators and had the power of 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. The minimum age of electoral candidates was raised from 23 to 35. Numerous MPs elected under the 1946 constitution had been under the age of 30, but were ineligible under the junta's constitution.

Surprisingly, the Palace/Privy Council 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 Democrats

Democrat Party (Thailand)

The Democrat Party is Thailand's oldest political party and was the main coalition government party of the 23rd House of Representatives of Thailand. The Democrat Party's current leader is Abhisit Vejjajiva, incumbent opposition leader and former Prime Minister. The party upholds a conservative...

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 Pramoj

Seni Pramoj

Mom 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 Council

Privy Council (Thailand)

The 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 King

Bhumibol Adulyadej

Bhumibol Adulyadej is the current King of Thailand. He is known as Rama IX...

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 Dhanarajata

Sarit Dhanarajata

seized power from the government of Marshal Plaek (for additional information on the King's

Bhumibol Adulyadej

Bhumibol Adulyadej is the current King of Thailand. He is known as Rama IX...

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 throne

Bhumibol Adulyadej

Bhumibol Adulyadej is the current King of Thailand. He is known as Rama IX...

and relied on royal sponsorship to legitimize their dictatorship

Dictatorship

A dictatorship is defined as an autocratic form of government in which the government is ruled by an individual, the dictator. 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 Kittikachorn

Thanom Kittikachorn

Field 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 communist

Communist Party of Thailand

The 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 presence

Vietnam War

The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...

in Indochina

Indochina

The Indochinese peninsula, is a region in Southeast Asia. It lies roughly southwest of China, and east of India. The name has its origins in the French, Indochine, as a combination of the names of "China" and "India", and was adopted when French colonizers in Vietnam began expanding their territory...

. The United States provided the Thai government with a billion US dollars in aid

Official development assistance

Official development assistance is a term compiled by the Development Assistance Committee of the Organisation for Economic Co-operation and Development to measure aid. The DAC first compiled the term 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 Thanom

Thanom Kittikachorn

, 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, Defense 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 recession

Recession

In economics, a recession is a business cycle contraction, a general slowdown in economic activity. During recessions, many macroeconomic indicators vary in a similar way...

and high inflation

Inflation

In 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 general price level rises, each unit of currency buys fewer goods and services. Consequently, inflation also reflects an erosion in the purchasing power of money – a...

. A disastrous offensive against the Communist Party of Thailand

Communist Party of Thailand

(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 400,000-person protest took place at the Democracy Monument

Democracy Monument, Bangkok

The Democracy Monument is a public monument in the centre of Bangkok, capital of Thailand. It occupies a traffic circle on the wide east-west Ratchadamnoen Klang Road, at the intersection of Dinso Road...

. 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 Srivara

Krit Srivara

General 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 Pramoj

Kukrit Pramoj

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 three MPs was to be divided into two or more constituencies, each with at least one but not more than three 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 referendum

Referendum

A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...

on the draft prior to the King's approval.

The draft faced staunch opposition by royalist members of the convention, led by Kasem Chatikavanich

Kasem Chatikavanich

Kasem 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 majority of the combined parliament. Furthermore, the Senate could kill any laws by not voting on them for six 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 Pramoj

Seni Pramoj

Mom 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 a month by a Social Action Party-led coalition which appointed Kukrit Pramoj

Kukrit Pramoj

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 University

Thammasat University

Thammasat University , or in brief TU , is Thailand's second oldest university. Officially established on 27 June 1934, the university was originally named by founder Pridi Banomyong, University of Moral Science and Politics , reflecting the political fervor of the time...

. That evening, the military seized power and installed hard-line royalist Tanin Kraivixien

Tanin Kraivixien

Tanin Kraivixien or Thanin Kraivixien was the prime minister of Thailand between 1976 and 1977. Tanin is a son of Hae and Pa-ob Kraivixien, and is of Chinese-Thai descent. Tanin studied law at Thammasat University, graduating in 1948. He then went to the London School of Economics to continue with...

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 justice

Summary justice

Summary 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 books

Censorship in Thailand

Freedom 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 Monument

Democracy Monument, Bangkok

. 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 Prajadhipok

Prajadhipok

. 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, whose slate of legislative appointees was largely rejected by Tanin. On 20 October 1977, the military, led by Kriangsak Chomanan

Kriangsak Chomanan

General Kriangsak Chomanan served as prime minister of Thailand from 1977 to 1980.A professional soldier, General Kriangsak fought against the communists in both the Korean War and the Vietnam War...

, overthrew Tanin's government. The King's opposition to this can be seen from his immediate appointment of Kriangsak to his personal Privy Council

Privy Council (Thailand)

. 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 Council

Privy Council (Thailand)

. 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 crisis

1979 energy crisis

The 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 and the Ayatollah Khomeini soon became the new leader of Iran. Protests severely disrupted the Iranian oil...

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 Tinsulanonda

Prem Tinsulanonda

General Prem Tinsulanonda is a retired Thai military officer who served as Prime Minister of Thailand from March 3, 1980 to August 4, 1988. He now serves as the Head of the Privy Council of the King of Thailand, Bhumibol Adulyadej....

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 Laos

Laos

Laos Lao: ສາທາລະນະລັດ ປະຊາທິປະໄຕ ປະຊາຊົນລາວ Sathalanalat Paxathipatai Paxaxon Lao, officially the Lao People's Democratic Republic, is a landlocked country in Southeast Asia, bordered by Burma and 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 party

Chart Thai Party

Thai 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, 2007...

, led by General Chatichai Choonhavan

Chatichai Choonhavan

General 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 Chatichai

Chatichai Choonhavan

became the new Premier.

1991 constitutions

In 23 February 1991, Army Commander Suchinda Kraprayoon

Suchinda Kraprayoon

Suchinda 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 Chatichai

Chatichai Choonhavan

government, abrogating the 1978 Constitution, and replacing it with a temporary charter. Calling themselves the National Peace Keeping Council

National Peace Keeping Council

The 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 Panyarachun

Anand Panyarachun

Anand 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 NPKC

National Peace Keeping Council

-appointed Senate with power over an elected House, a larger Privy Council

Privy Council (Thailand)

, 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 Luang

Sanam Luang

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 Kraprayoon

Suchinda Kraprayoon

to be appointed as Prime Minister, which led to a violent public uprising

Black May

Black 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 Constitution

1997 Constitution of Thailand

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....

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 May

Black May

" 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-archa

Banharn Silpa-Archa

Banharn 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 Panyarachun

Anand Panyarachun

, PM in 1991 under the military regime, was elected as a member of the CDA and appointed Chairman of the Drafting Committee. Political scientists

Political science

Political Science is a social science discipline concerned with the study of the state, government and politics. Aristotle defined it as the study of the state. It deals extensively with the theory and practice of politics, and the analysis of political systems and political behavior...

and jurist

Jurist

A 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 Samudavanija

Chai-Anan Samudavanija

Chai-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 Chantarasomboon

Amorn Chantarasomboon

Amorn 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 Uwanno

Borwornsak Uwanno

Borwornsak 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 Court

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...

, 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
Compulsory voting is a system in which electors are obliged to vote in elections or attend a polling place on voting day. If an eligible voter does not attend a polling place, he or she may be subject to punitive measures such as fines, community service, or perhaps imprisonment if fines are unpaid...

in order to ensure high-turn out reduce vote buying. A mixed electoral system
Additional Member System
The Additional Member System is the term used in the United Kingdom for the mixed member proportional representation voting system used in Scotland, Wales and the London Assembly....

based on Germany's
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...

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 degree
Bachelor's degree
A bachelor's degree is usually an academic degree awarded for an undergraduate course or major that generally lasts for three or four years, but can range anywhere from two to six years depending on the region of the world...

. An independent Election Commission
Election Commission (Thailand)
The 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. Established by the Constitution, the Election Commission has...

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 1/5 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
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...

. A plethora of human rights were explicitly recognized, including the right to free education
Free education
Free education refers to education that is funded through taxation, or charitable organizations rather than tuition fees. Although primary school and other comprehensive or compulsory education is free in many countries, for example, all education is mostly free including...

, 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
Decentralization
__FORCETOC__Decentralization or decentralisation is the process of dispersing decision-making governance closer to the people and/or citizens. 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
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...

, the Administrative Court, the Office of the Auditor-General, the National Counter Corruption
Political corruption
Political 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 Commission
National Human Rights Commission (Thailand)
The Thai National Human Rights Commission was established on July 13, 2001 as a national human rights institution. From its inception to May 31, 2005, it received a total of 2,148 complaints of which 1,309 had already been investigated, 559 were still in the process of investigation, and 209 were...

, the Consumer’s Protection
Consumer protection
Consumer protection laws designed to ensure fair trade 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 Conservation
Conservation movement
The conservation movement, also known as nature conservation, is a political, environmental and a social movement that seeks to protect natural resources including animal, fungus and plant species as well as their habitat for the future....

Organization, and an Ombudsman
Ombudsman
An ombudsman is a person who acts as a trusted intermediary between an organization and some internal or external constituency while representing not only but mostly 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 Chantarasomboon

Amorn Chantarasomboon

Amorn 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 majority

On Liberty

On Liberty is a philosophical work by British philosopher John Stuart Mill. It was a radical work to the Victorian readers of the time because it supported individuals' moral and economic freedom from the state....

" and a "parliamentary dictatorship

Elective dictatorship

An "elective dictatorship" is a phrase coined by the former Lord Chancellor of the United Kingdom, Lord Hailsham, in a Richard Dimbleby Lecture at the BBC in 1976. It describes the state in which Parliament is dominated by the government of the day...

." Following House elections in April 2006, the Election Commissioners

Election Commission (Thailand)

The 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. Established by the Constitution, the Election Commission has...

were jailed and the election results overturned by the Constitutional Court

Constitutional Court of Thailand

.

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 Court

Constitutional Court of Thailand

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 crisis

Constitutional crisis

A constitutional crisis is a situation that the legal system's constitution or other basic principles of operation appear unable to resolve; it often results in a breakdown in the orderly operation of government...

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 elections

Thailand legislative election, October 2006

After 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 Shinawatra

Thaksin Shinawatra

Thaksin Shinawatra is a Thai businessman and politician, who was Prime Minister of Thailand from 2001 to 2006, when he was overthrown in a military coup....

. The military junta abrogated the 1997 Constitution

1997 Constitution of Thailand

, suspended the Parliament

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,...

, banned demonstrations and political activities, censored the media, and dissolved the Constitutional Court, National Human Rights Commission

National Human Rights Commission (Thailand)

The Thai National Human Rights Commission was established on July 13, 2001 as a national human rights institution. From its inception to May 31, 2005, it received a total of 2,148 complaints of which 1,309 had already been investigated, 559 were still in the process of investigation, and 209 were...

and other agencies created by the 1997 Constitution

1997 Constitution of Thailand

. For the first weeks, the junta ruled by decree.

International condemnation 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 Chulanont

Surayud Chulanont

General 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 Ruchuphan

Meechai Ruchuphan

Meechai Ruchuphan . Currently Meechai is the chairman/president of Thailand's Law Reform Commission, Council of State. He was the acting Prime Minister of Thailand following a military takeover of the government that took place in February 1991...

, and originally included jurists Borwornsak Uwanno

Borwornsak Uwanno

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 régime. Thammasat University

Thammasat University

vice-rector Prinya Thewanaruemitkul

Prinya Thewanaruemitkul

Prinya 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 Thai

Thai language

(รัฐธรรมนูญ; ratha thama noon) can literally be translated as "rule of the state with dharma

Dharma

Dharma means Law or Natural Law and is a concept of central importance in Indian philosophy and religion. In the context of Hinduism, it refers to one's personal obligations, calling and duties, and a Hindu's dharma is affected by the person's age, caste, class, occupation, and gender...

" or "charter for the rule of the state".

External links

Official Web site Constitutional Court of Thailand
www.ThaiLaws.com - Thailand acts and legal information, both in English and Thai language.
Official translated documents Different constitutions of Thailand

The source of this article is wikipedia, the free encyclopedia. The text of this article is licensed under the GFDL.

Overview

1932 Temporary Charter

1932 Constitution

Demands for constitutional reform

1946 Constitution

1947 Charter

1949 Constitution

1952 Constitution

1959 Charter

1968 Constitution

1972 Temporary Charter

1974 constitution

1976 Constitution

1977 Charter

1978 Constitution

1991 constitutions

1997 Constitution

The constitution drafting process

Key features

Praise and criticism

September 2006 Thailand coup

The drafting process

Key features and criticism

2007 Constitution

Etymology

See also

Further reading

External links