Constitution of Thailand


The Constitution of the Kingdom of Thailand provides the basis for the rule of law in Thailand. Since the abolition of the absolute monarchy in 1932, Thailand has had 20 charters or constitutions. Many changes followed military coups, reflecting the high degree of political instability in the country. After each successful coup, military regimes abrogated the existing constitution, generally without public consultation.
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 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 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 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 —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.

Current constitution

The current constitution, known as the 2017 Constitution, contains a preamble and 16 chapters and transitory provisions:

Chapters

  • Chapter I: General Provisions
  • Chapter II: The King
  • Chapter III: Rights and Liberties of the Thai People
  • Chapter IV: Duties of the Thai People
  • Chapter V: Duties of the State
  • Chapter VI: Directive Principles of State Poltcies
  • Chapter VII: The National Assembly
  • Chapter VIII: The Council of Ministers
  • Chapter IX: Conflict of Interest
  • Chapter X: The Courts
  • Chapter XI: Constitution Court
  • Chapter XII: Independent Organs
  • Chapter XIII: State Attorney Organ
  • Chapter XIV: Local Administration
  • Chapter XV: Amendment to the Constitution
  • Chapter XVI: National Reform
  • '''Transitory Provision'''

    Overview

has had 20 constitutions and charters since the overthrow of absolute monarchy in 1932.
  1. Temporary Charter for the Administration of Siam Act 1932
  2. Constitution of the Kingdom of Siam 1932
  3. Constitution of the Kingdom of Thailand 1946
  4. Constitution of the Kingdom of Thailand 1947
  5. Constitution of the Kingdom of Thailand 1949
  6. Constitution of the Kingdom of Thailand 1932
  7. Charter for the Administration of the Kingdom 1959
  8. Constitution of the Kingdom of Thailand 1968
  9. Interim Charter for Administration of the Kingdom 1972
  10. Constitution of the Kingdom of Thailand 1974
  11. Constitution for Administration of the Kingdom 1976
  12. Charter for Administration of the Kingdom 1977
  13. Constitution of the Kingdom of Thailand 1978
  14. Charter for Administration of the Kingdom 1991
  15. Constitution of the Kingdom of Thailand 1991
  16. Constitution of the Kingdom of Thailand 1997
  17. Constitution of the Kingdom of Thailand 2006
  18. Constitution of the Kingdom of Thailand 2007
  19. Constitution of the Kingdom of Thailand 2014
  20. Constitution of the Kingdom of Thailand 2017
Charters have traditionally been temporary instruments, promulgated following military coups. However, some charters, for instance the 1959 Charter of military dictator Sarit Dhanarajata, 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 since 1932 is indicative of the degree of political instability in Thailand. 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. Widely varying, however, have been the strength of the legislature, the percentage of legislators appointed versus elected, the power of the monarch, and the strength of the executive. 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 absolute power over the executive and the legislature, which reflected the overwhelming strength with which he executed a coup over Plaek Pibulsonggram as well as his strong support from the palace.
Based on the degree by which the legislature is elected, Thailand's 20 constitutions and charters can be categorized into three groups:
Image:Evolution of Thai constitutions 1932-2006 not bold.png|thumb|right|400px
  1. Elected legislatures: The legislature is completely elected. This included the 1946 Constitution where the elected House selected the Senate and the 1997 constitution where both the House and Senate are elected.
  2. 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 1932 constitution, the 1947 Charter, the 1949 Constitution, the 1952 Constitution, the 1968 Constitution, the 1974 Constitution, the 1978 Constitution, the 1991 Constitution, the 2007 Constitution, and the 2017 Constitution.
  3. 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 Charter, the 1932 constitution, the 1959 Charter, the 1972 Charter, the 1976 Constitution, the 1991 Charter, the 2006 Interim Charter, and the 2014 Interim Constitution.

    1932 temporary charter

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 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 for the temporary charter. However, there were key differences, particularly regarding the powers of the monarch.
The charter began by stating that sovereign power belongs to the people of Siam. Empowered to exercise power on behalf of the people were the People's Assembly a 70-member, all appointed by the Khana Ratsadon, a 15-member People's Committee of Siam, the courts of law, 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, the Assembly would be completely elected.
The monarch was not held to be infallible. He had a limited degree of sovereign immunity: although he could not be prosecuted in an ordinary court of law, the Assembly could impeach and try him. The monarch did not have the right to grant pardons.
Several other features would be mirrored in later constitutions. The monarch would not have an absolute veto. Any law vetoed by the king was sent back to the Assembly, which could approve it with a simple majority. The charter followed the 1924 Palace Law with regards to succession. The Assembly, however, 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 two hard-line royalists: Phraya Manopakorn Nitithada and Phraya Srivisan Vacha. A total of four 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 if a permanent constitution did not grant the palace greater power.