Now showing 1 - 4 of 4
  • Publication
    Comparative Constitutionalism: Eighty-Two Years of Constitutional Reform and Democratic Developments in Thailand
    (P Press Co Ltd, 2014) ;
    Some eight decades ago on 24 June 1932, Thailand embarked on a journey towards democratic transformation when the People's Party, an elite group of civil servants, princes, army officers and young intellectuals, who were well educated in Europe and fully infused with the concept of Western democracy, staged a bloodless coup d'etat, demanding a change of government from an absolute monarchy to a constitutional monarchy. Determined to avoid any bloodshed, His Majesty King Prajadhipok (Rama VII) agreed to abolish absolute monarchy and the transfer of power to the constitution-based system of government by signing a temporary constitution on 27 June 1932. This constitution marked the arrival of Thailand's modern political constitutionalism - the idea that government can and should be legally limited in its powers. Since then, Thailand has been subject to 18 military coups followed by the promulgation of new and/or revised 18 constitutions and numerous changes of government. The turbulent history of Thailand's constitutionalism suggests that there is a need for major constitutional reform - one where the Constitution is reviewed to ensure adherence to the Rule of Law and democracy.
  • Publication
    Constitutionalism and the Rule of Law in Thailand
    Constitutional and political debates in Thailand currently revolve round good governance and the Rule of Law issues within the structure of the new 2007 Constitution. This paper aims to provide a critical analysis of the key issues relevant to the current constitutional and democratic reform process in Thailand after the military coup on 19 September 2006. This paper aims to provide a critical analysis of key issues relevant to the current constitutional and democratic reform process in Thailand. It will first trace Thailand's modern constitutional history. It will then discuss the fundamental principles of the 1997 Constitution in comparison with the new provisions of the 2007 Constitution that are designed to address some significant flaws of its predecessor. Specifically, it will examine the key issues for constitutional reform including the balance of powers, political vote buying and how to prevent future military coups. In order to break the vicious cycle of military coups followed by new constitutions and revolving door governments, the paper argues that Thailand needs to undergo radical changes, covering not only legal and political but also socio-economic reforms, which embrace the principles of constitutionalism, the rule of law and good governance at national, provincial and local or grassroots levels.
  • Publication
    The Constitutional Court of Thailand: Its Role in Protecting the Rule of Law and Democracy
    (University of Hong Kong, Faculty of Law, 2009)
    On 2 December 2008, the Constitutional Court of Thailand passed a unanimous verdict dissolving the ruling People Power Party (PPP), and banning Prime Minister Somchai Wongsawat, from politics for five years because PPP executives had been convicted of electoral fraud in the general elections in December 2007. In two separate verdicts on the same day, the Constitutional Court also dissolved two parties in his coalition Chart Thai and Matchimathipataya on the similar grounds. As a result of the Court's rulings, anti-government protesters, led by the so-called 'People's Alliance for Democracy' (PAD) or the 'Yellow Shirts', ended the week-long siege of Bangkok's Suvarnabhumi and Don Mueang airports. While the Constitutional Court's verdicts were greeted by the PAD and its supporters as a legitimate tool to heal Thailand's fractured democracy, others questioned whether a proper legal procedure was fully followed by the Court in arriving at such radical verdicts. The paper will first provide a review of the constitutional history of Thailand. It will then look at the powers and functions of the Constitutional courts under the former provisions of the 1997 Constitution in comparison with the new provisions of the current 2007 Constitution. In the next section, it will analyse the recent controversial cases decided by the Constitutional Court of Thailand, especially those concerning electoral fraud and corruption. Finally, the paper will critically assess the role of the Constitutional Court in protecting the Rule of Law and democracy in Thailand.
  • Publication
    Good Governance and Constitutionalism in the Digital Age: Thailand's Experience
    (Faculty of Law, Chulalongkorn Unversity, 2007)
    This paper intends to provide a critical analysis of key issues relevant to contemporary constitutional and political reforms with a view to promote and improve good governance practices in Thailand. It will first trace Thailand's modern constitutional history. It will then discuss the fundamental principles of the 1997 Constitution in comparison with the new provisions of the 2007 Constitution that are designed to address some significant flaws of its predecessor. Specifically, it will examine a number of important issues for recent constitutional reform including some of the current problems relating to the separation of powers and checks and balances, political vote buying and electoral fraud, rampant corruption, deterioration of good governance and challenges in preventing future military coups. In order to break the vicious cycle of military coups followed by new constitutions and revolving-door governments, the paper argues that Thailand needs to undergo radical changes, covering not only legal and political but also socio-economic reforms, which embrace the principles for good governance at national, provincial and local or grassroots levels. In order to accelerate such reforms in the digital age, Thailand must articulate its national Information and Communication Technology (ICT) policy towards building an informed civil society and thus promoting political inclusion and grassroots participation in democratic governance and decision-making processes.