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Constitution of Thailand

Supreme law of Thailand

  • 37 min read
  • 23 chapters

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The 1997 constitution of Thailand, often called the "people's constitution", was considered a landmark in terms of the degree of public participation involved in its drafting as well as the democratic nature of its articles. It stipulated an elected bicameral legislature, and many human rights were explicitly acknowledged for the first time. Many of these reforms disappeared in the military coup of 2006.

The current constitution was adopted in 2017. The 105-page, 279-article proposed constitution was approved by 61.4 percent of Thai voters with 59.4 percent of the public participating. It allows the National Council for Peace and Order (NCPO) to appoint an eight to ten person panel who will choose Senators, and includes six seats reserved for the heads of the Royal Thai Army, Navy, Air Force, and Police, plus the military's supreme commander, and defense permanent secretary. The bicameral Parliament could also select a candidate as Prime Minister who is not one of its members or even a politician. Critics suggest it effectively allows the military to control the government whatever the outcome of subsequent elections.

History

The Rattanakosin Kingdom and the three traditionally counted preceding kingdoms, collectively called Siam, had an uncodified constitution until 1932. In the preamble to the Penal Code promulgated 1 April 1908, which came into effect on 21 September, King Chulalongkorn (Rama V) stated: "In the ancient times the monarchs of the Siamese nation governed their people with laws which were originally derived from the Dhamasustra of Manu, which was then the prevailing law among the inhabitants of India and the neighbouring countries."

The transition from absolute monarchy to constitutional monarchy began when King Prajadhipok (Rama VII) agreed to a codified constitution to resolve the bloodless coup of 1932. The king signed a temporary charter on 27 June 1932 at 17:00, which began by announcing that "the highest power in the land belongs to all people."

A significant disadvantage of a codified constitution is that controversies arise due to different understandings of the usages and customs from which the fundamental provisions of the constitution derive.

Since 1932, Thailand has had 20 charters or constitutions (as of 2015)—an average of one roughly every four years—many adopted following military coups, which reflects a high degree of political instability. After each successful coup, military regimes abrogated existing constitutions and promulgated new ones. Parliamentary institutions, as defined by Thailand's fourteen constitutions between 1932 and 1987, and competition among civilian politicians, have generally been facades for military governments.

All of these called for a constitutional monarchy, but with widely differing separation of powers between the branches of government. Most of them stipulated parliamentary systems, but several of them also called for dictatorships, such as the 1957 Charter. Both unicameral and bicameral parliaments have been used, and members of parliament have been both elected and appointed. The direct powers of the monarch have also varied considerably.

The 1997 constitution of Thailand, often called the "people's constitution", was considered a landmark in terms of the degree of public participation involved in its drafting as well as the democratic nature of its articles. It stipulated a bicameral legislature, both houses of which were elected. Many human rights were explicitly acknowledged for the first time, and measures were established to increase the stability of elected governments.

The 2007 Constitution of Thailand was promulgated in 2007, replacing the 2006 Interim Constitution that was promulgated after the army-led September 2006 Thailand coup. The 2007 Constitution was written by a group of drafters appointed by the army-led Council for National Security, but was approved by a public referendum. Prior to the referendum, the military 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 most recent constitution went into effect on 6 April 2017.

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