1997 Constitution of Thailand
Encyclopedia
For legal and historical context, see the Constitutions of Thailand article
The 1997 Constitution of the Kingdom of Thailand
(promulgated 11 October 1997, abrogated 19 September 2006) was widely hailed as a landmark in Thai democratic constitutional reform. It replaced the 1991 Constitution, and was replaced by the 2006 Interim Constitution
after a successful military coup.
The 1997 Constitution was the first constitution to be drafted by popularly-elected Constitutional Drafting Assembly, hence was popularly called the "People's Constitution". The 1997 Constitution created a bicameral legislature. For the first time in Thai history, both houses were directly elected
. Many human rights
are explicitly acknowledged, and measures were established to increase the stability of elected governments.
" public uprising against a military-dominated government that gained power due to the 1991 Constitution provoked public calls for a more accountable system of government. In June 1994, the Committee of Democracy Development of the House of Representatives was established during the government of Chuan Leekpai
. Chuan was forced to establish the Committee following a hunger strike by prominent activist Chalard Vorachat. The Committee, headed by academic Prawes Wasi, amended the 1991 Constitution but was unable to push through further reform. However, it did identify many basic frameworks which would become influential for subsequent political change. After the collapse of the Chuan government, the 1995-1996 government of Banharn Silpa-archa
established a Political Reform Committee which amended the Constitution again in 22 October 1996. Efforts to adopt a new constitution gained increasing public support. In 2 November 1995, noted royalist and social critic Dr. Prawase Wasi declared to a crowded Bangkok ballroom that Thailand urgently needed a new constitution, to help avert the potential calamity of political violence that might follow the death of King Bhumibol Adulyadej
. None of the media outlets in the room dared report this highly sensitive speech.
The 1996 amendment called for the creation of an entirely new constitution by a special committee outside the National Assembly
. The Constitution Drafting Assembly (CDA) was formed with 99 members: seventy-six of them directly elected from each of the provinces and 23 qualified persons short-listed by the Parliament from academia and other sources. Anand Panyarachun
, Premier
in 1991 under the military regime, was selected as a member of the CDA and appointed Chairman of the Drafting Committee. Political scientists
and jurist
s Chai-Anan Samudavanija
, Amorn Chantarasomboon
, Uthai Pimchaichon, and Borwornsak Uwanno
were key influencers of the draft. A process of public consultation took place on a nation-wide basis. Some clauses, particularly the requirement that all MP's
hold bachelor degrees, the party list system, the Constitutional Court
, and decentralisation provoked strong criticism, particularly from smaller parties. The Asian Economic Crisis of 1997 increased public awareness about the need for reform, and has been cited as an impetus for the constitution's successful approval. The draft was approved by the National Assembly with 518 votes for, 16 against, and 17 abstentions. A referendum, called for if the draft was rejected by the National Assembly, was not necessary.
, The 1997 Constitution had contained several innovations in key areas, including:
with regards to succession. The Palace Law was based on primogeniture
, and the heir apparent was Prince Vajiralongkorn. Like most post-1974 constitutions, the Privy Council could appoint a princess as successor to the throne, but only in absence of an heir apparent. Amendment of the Palace Law of Succession was the sole prerogative of the reigning King. The 1997 Constitution's successor, the 2006 Interim Constitution
, was conspicuous in its failure to mention the matter of succession.
. There was also praise for the ease with which the constitution could be amended. Public faith in democracy in general and constitutional agencies like the Constitutional Court
and the National Counter Corruption Commission is very high. However, critics complained that the government had sought to politicize the process of appointments to independent agencies.
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 dramatically from an average of 6.2 before 1997 to 3.1 in 2001. While the number of parties decreased, remaining parties developed clearer and more distinguishable platforms. The Constitution also weakened the legislative influence of civil servants and local power-brokers and businessmen, while strengthening political parties and professional politicians.
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
, claimed that an overly strong and stable government brought on a "tyranny of the majority
" and a "parliamentary dictatorship
." Independent agencies like the National Human Rights Commission
and the National Counter Corruption Commission were also criticized as weak and vulnerable to government and court challenges. Following House elections in April 2006
, the Election Commissioners
were jailed and the election results overturned by the Constitutional Court
.
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
appointments came under much criticism (see Appointment of the first Constitutional Court). The Senate was criticized for its allegedly partisan behavior, with both pro- and anti- government factions being elected in the Senate elections of 2006. Restrictions on Senate candidates from campaigning and political party membership led one commentator to call it a "motley collection of B-list celebrities and D-list hangers-on." In House elections in April 2006
, a constitutional crisis
almost occurred when it appeared that the Parliament would not be able to convene within the constitutional time limit (see April 2006 House election results).
Thammasat University law lecturer Kittisak Prokati, a drafter of the post-2006 coup constitution
, claimed that "the weakness of the 1997 constitution was that it was a charter without any constitutional or theoretical foundation."
Although constitutional articles (specifically, article 80) committing the state the promoting equal rights between men and women, there was little progress in implementing specific laws to promote equality. In practice only around 10% of MPs and senators are female, and less than 6% of ministers. Only 8.9% of district officers and 2.6% of provincial governors are women.
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...
(promulgated 11 October 1997, abrogated 19 September 2006) was widely hailed as a landmark in Thai democratic constitutional reform. It replaced the 1991 Constitution, and was replaced by the 2006 Interim Constitution
2006 Interim Constitution of Thailand
The 2006 Interim Charter of Thailand was drafted by the Council for Democratic Reform after it seized power from the government of Thaksin Shinawatra in the 2006 Thailand coup...
after a successful military coup.
The 1997 Constitution was the first constitution to be drafted by popularly-elected Constitutional Drafting Assembly, hence was popularly called the "People's Constitution". The 1997 Constitution created a bicameral legislature. For the first time in Thai history, both houses were directly 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...
. 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...
are explicitly acknowledged, and measures were established to increase the stability of elected governments.
Constitution drafting process
The "Black MayBlack 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...
" public uprising against a military-dominated government that gained power due to the 1991 Constitution provoked public calls for a more accountable system of government. In June 1994, the Committee of Democracy Development of the House of Representatives was established during the government of Chuan Leekpai
Chuan Leekpai
Chuan Leekpai was the Prime Minister of Thailand from September 20, 1992 to May 19, 1995 and again from November 9, 1997 to February 9, 2001. A third-generation Thai Chinese, Chuan was born in Trang province in a grass-roofed house. The walls of his family's house were woven from strips of...
. Chuan was forced to establish the Committee following a hunger strike by prominent activist Chalard Vorachat. The Committee, headed by academic Prawes Wasi, amended the 1991 Constitution but was unable to push through further reform. However, it did identify many basic frameworks which would become influential for subsequent political change. 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...
established a Political Reform Committee which amended the Constitution again in 22 October 1996. Efforts to adopt a new constitution gained increasing public support. In 2 November 1995, noted royalist and social critic Dr. Prawase Wasi declared to a crowded Bangkok ballroom that Thailand urgently needed a new constitution, to help avert the potential calamity of political violence that might follow the death of King Bhumibol Adulyadej
Bhumibol Adulyadej
Bhumibol Adulyadej is the current King of Thailand. He is known as Rama IX...
. None of the media outlets in the room dared report this highly sensitive speech.
The 1996 amendment called for the creation of an entirely new constitution by a special committee outside the National Assembly
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,...
. The Constitution Drafting Assembly (CDA) was formed with 99 members: seventy-six of them directly elected from each of the provinces and 23 qualified persons short-listed by the Parliament from academia and other sources. 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...
, Premier
Prime Minister of Thailand
The Prime Minister of Thailand is the head of government of Thailand. The Prime Minister is also the chairman of the Cabinet of Thailand. The post has existed since the Revolution of 1932, when the country became a constitutional monarchy....
in 1991 under the military regime, was selected 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...
were key influencers of the draft. A process of public consultation took place on a nation-wide basis. Some clauses, particularly the requirement that all MP's
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
hold bachelor degrees, the party list system, 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, particularly from smaller parties. The Asian Economic Crisis of 1997 increased public awareness about the need for reform, and has been cited as an impetus for the constitution's successful approval. The draft was approved by the National Assembly with 518 votes for, 16 against, and 17 abstentions. A referendum, called for if the draft was rejected by the National Assembly, was not necessary.
Overview of sections
The 1997 Constitution had 12 Chapters and a section of Transitory Provisions, containing a total of 317 Sections.- Chapter 1 (Sections 1-7): General provisions, the source and exercise sovereign power, the fundamental rights of the Thai people, and the status of the Constitution.
- Chapter 2 (Sections 8-25): The status, prerogative, rights of the King, the Privy CouncilPrivy 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...
, as well as matters of succession to the throne1924 Palace Law of SuccessionThe 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...
. - Chapter 3 (Sections 26-65): The rights and liberties of the Thai people.
- Chapter 4 (Sections 66-70): The duties of the Thai people.
- Chapter 5 (Sections 71-89): The fundamental responsibilities of the state.
- Chapter 6 (Sections 90-200): The structure, roles, and responsibilities of the National AssemblyNational Assembly of ThailandThe 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,...
(i.e., Parliament), including the House of Representatives, the Senate, elections and the Election Commission, the Ombudsmen, and the National Human Rights CommissionNational 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...
. - Chapter 7 (Sections 201-232): The Council of Ministers (i.e., the Cabinet) and the workings of the executive branch.
- Chapter 8 (Sections 233-281): The workings of the Courts of Justice, the Constitutional CourtConstitutional Court of ThailandThe 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 Courts, and the Military Courts. - Chapter 9 (Sections 282-290): The workings of local governments
- Chapter 10 (Sections 291-311): Inspection and proceedings against members of the government, including the declaration of accounts and assets, the National Counter Corruption Commission, and impeachment of and criminal proceedings against government and political officials.
- Chapter 11 (Section 312): The roles and responsibilities of the State Audit Commission and the Auditor-General.
- Chapter 12 (Section 313): Regulations concerning amendment of the Constitution.
- Transitory Provisions (Sections 314-317): Regulations concerning the transfer of power from the last government of the 1991 Constitution.
Innovations
Compared to previous Thai constitutionsConstitution of Thailand
The Constitution of the Kingdom of Thailand is the supreme law of Thailand. Since the change from an absolute monarchy 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...
, The 1997 Constitution had contained several innovations in key areas, including:
- Election reform. Voting was made compulsoryCompulsory votingCompulsory 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 a high turn out and make vote buying so expensive as to be unfeasible. Additional Member SystemAdditional Member SystemThe 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 GermanyGermanyGermany , 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 RepresentativesHouse of Representatives of ThailandThe House of Representatives of the Kingdom of Thailand is the lower house of the National Assembly of Thailand, the legislative branch of the Thai Government. The system of government of Thailand is that of a Constitutional Monarchy and a Parliamentary Democracy. The system of the Thai...
. 100 members of the House are elected by proportional rule from party lists using d'Hondt methodD'Hondt methodThe d'Hondt method is a highest averages method for allocating seats in party-list proportional representation. The method described is named after Belgian mathematician Victor D'Hondt who described it in 1878...
, and the remaining 400 are elected by first-past-the-postFirst-past-the-postFirst-past-the-post voting refers to an election won by the candidate with the most votes. The winning potato candidate does not necessarily receive an absolute majority of all votes cast.-Overview:...
from single-member constituencies. The proportional representationProportional representationProportional representation is a concept in voting systems used to elect an assembly or council. PR means that the number of seats won by a party or group of candidates is proportionate to the number of votes received. For example, under a PR voting system if 30% of voters support a particular...
party list system was aimed at deterring vote-buying, strengthening the party system, and increasing the quality of candidates. MPs were required to have a bachelor's degreeBachelor's degreeA 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...
. In order to prevent last-minute party-switching, MPs were required to be registered members of political parties at least 90 days before the election date. An independent Election CommissionElection 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. Votes for House elections were counted at a central site in each province rather than at each polling station. This reform made it more difficult for village canvassers to evaluate the effectiveness of vote boying. - Strengthening the executive branch. A two fifths vote of the House was required for a vote of no confidence debate to be initiated against a Prime Minister. The motion must also contain the name of an alternative Premier to replace the incumbent. A successful vote of no confidence required a majority of at least half of the House. A similar process could initiate a no confidence motion against an individual Minister but required only one fifth of the signatures of the House members. These measures were aimed at increasing the stability of governments.
- Legislative reform. For the first time in Thai history, the upper house of Parliament was directly elected. The 200 member body was non-partisan, and Senators were prohibited from being members of a political party. In addition, Senate elections campaigns were strictly limited in what information they could communicate to voters. Senators had a term of 6 years. The Senate could only amend or approve a piece of legislation, not propose it. A vote of two thirds of both houses was needed to override a royal veto. The Senate could not be dissolved by the Premier.
- Greater separation between the executive and legislative branches. MPs were forced to resign from the House in order to become Cabinet Ministers, unlike previous constitutions. Based on the principle of "individual ministerial responsibility and cabinet collective responsibility", this forced Ministers who had been successfully censured to become normal citizens rather than MPs. It also encouraged parties to put potential ministers on the party list rather than a particular constituency.
- Human rightsHuman rightsHuman 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 for the first time, including the rights of children, the elderly, and the handicapped; the right to freedom of information; the right to public health and free educationFree educationFree 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...
; consumers rights; the rights of traditional communities; the right to human dignity; and the right to peacefully protest coups and other extra-constitutional means of acquiring power. However, constitutional law expert Prinya Thaewanarumitkul claimed that the right to resist coups, for example by making barricades or blocking roads, would only protect people if the opposition to the coup was successful. In addition, traditional human rights were guaranteed, including freedom of speech, assembly, and association, property rights, freedom of religion, the right to due process of law, the right to be presumed innocent until proven guilty, and equality of rights between men and women. In all, the 1997 Constitution guaranteed 40 human rights, compared to only 9 rights in the 1932 Constitution. - DecentralizationDecentralization__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. Elected Tambol Administrative Organizations (TAOs) and Provincial Administrative Organizations (PAOs) were established. School administration was also decentralized, although opposition from teachers has delayed implementation of this reform. - Increased checks and balances. New independent government agencies were established, like the Constitutional CourtConstitutional Court of ThailandThe Constitutional Court of Thailand is an independent Thai court originally established under the 1997 Constitution with jurisdiction over the constitutionality of parliamentary acts, royal decrees, draft legislation, as well as the appointment and removal of public officials and issues regarding...
, the Administrative Court, the Office of the Auditor-General, the National Counter CorruptionPolitical corruptionPolitical corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...
Commission, the National Human Rights CommissionNational 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 ProtectionConsumer protectionConsumer 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 ConservationConservation movementThe 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 OmbudsmanOmbudsmanAn 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...
. Many of these appointments were approved by the Senate. Most of these Constitutional agencies were abolished following the 2006 coup. - Criminal justiceCriminal justiceCriminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts...
reforms. This included a reduction in police authority to conduct warrantless searchSearch warrantA search warrant is a court order issued by a Magistrate, judge or Supreme Court Official that authorizes law enforcement officers to conduct a search of a person or location for evidence of a crime and to confiscate evidence if it is found....
, the right to prompt court arraignmentArraignmentArraignment is a formal reading of a criminal complaint in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea...
within 48 hours of arrest, a more transparent bailBailTraditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
procedure, and the right to counselRight to counselRight to counsel is currently generally regarded as a constituent of the right to a fair trial, allowing for the defendant to be assisted by counsel , and if he cannot afford his own lawyer, requiring that the government should appoint one for him/her, or pay his/her legal expenses...
during police interrogationInterrogationInterrogation is interviewing as commonly employed by officers of the police, military, and Intelligence agencies with the goal of extracting a confession or obtaining information. Subjects of interrogation are often the suspects, victims, or witnesses of a crime...
s.
Succession
Like most preceding constitutions, the 1997 Constitution continued to rely on the 1924 Palace Law of Succession1924 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. The Palace Law was based on primogeniture
Primogeniture
Primogeniture is the right, by law or custom, of the firstborn to inherit the entire estate, to the exclusion of younger siblings . Historically, the term implied male primogeniture, to the exclusion of females...
, and the heir apparent was Prince Vajiralongkorn. Like most post-1974 constitutions, the Privy Council could appoint a princess as successor to the throne, but only in absence of an heir apparent. Amendment of the Palace Law of Succession was the sole prerogative of the reigning King. The 1997 Constitution's successor, the 2006 Interim Constitution
2006 Interim Constitution of Thailand
The 2006 Interim Charter of Thailand was drafted by the Council for Democratic Reform after it seized power from the government of Thaksin Shinawatra in the 2006 Thailand coup...
, was conspicuous in its failure to mention the matter of succession.
Praise and criticism
The Constitution was calling a "revolution in Thai politics... A bold attempt at conferring greater power to the Thai people than had ever been granted before." It 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 new constitution was cited for its role in bringing down the Ministers of Public Health and Agriculture during corruption scandals in the government of Chuan LeekpaiChuan Leekpai
Chuan Leekpai was the Prime Minister of Thailand from September 20, 1992 to May 19, 1995 and again from November 9, 1997 to February 9, 2001. A third-generation Thai Chinese, Chuan was born in Trang province in a grass-roofed house. The walls of his family's house were woven from strips of...
. There was also praise for the ease with which the constitution could be amended. Public faith in democracy in general and constitutional 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...
and the National Counter Corruption Commission is very high. However, critics complained that the government had sought to politicize the process of appointments to independent agencies.
The January 2001 House elections
Thailand legislative election, 2001
General elections were held in Thailand on January 6, 2001. 500 seats in the House of Representatives were at stake...
, 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 dramatically from an average of 6.2 before 1997 to 3.1 in 2001. While the number of parties decreased, remaining parties developed clearer and more distinguishable platforms. The Constitution also weakened the legislative influence of civil servants and local power-brokers and businessmen, while strengthening political parties and professional politicians.
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...
." Independent agencies like 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...
and the National Counter Corruption Commission were also criticized as weak and vulnerable to government and court challenges. Following House elections in April 2006
Thailand legislative election, April 2006
-Opposition boycott:On 25 February the Post reported Democrat party leader Abhisit Vejjajiva as saying he was "ready to become a prime minister who adheres to the principles of good governance and ethics, not authoritarianism." The next day, however, it was announced that the Democratic Party,...
, 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 Constitutional Court of Thailand is an independent Thai court originally established under the 1997 Constitution with jurisdiction over the constitutionality of parliamentary acts, royal decrees, draft legislation, as well as the appointment and removal of public officials and issues regarding...
.
The constitution was also criticized for the lack of clarity with which it defines the King's role in politics (see Royal powers and 2006 demand for royal intervention). The Senate's role in scrutinizing Constitutional 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...
appointments came under much criticism (see Appointment of the first Constitutional Court). The Senate was criticized for its allegedly partisan behavior, with both pro- and anti- government factions being elected in the Senate elections of 2006. Restrictions on Senate candidates from campaigning and political party membership led one commentator to call it a "motley collection of B-list celebrities and D-list hangers-on." In House elections in April 2006
Thailand legislative election, April 2006
-Opposition boycott:On 25 February the Post reported Democrat party leader Abhisit Vejjajiva as saying he was "ready to become a prime minister who adheres to the principles of good governance and ethics, not authoritarianism." The next day, however, it was announced that the Democratic Party,...
, 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 when it appeared that the Parliament would not be able to convene within the constitutional time limit (see April 2006 House election results).
Thammasat University law lecturer Kittisak Prokati, a drafter of the post-2006 coup 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...
, claimed that "the weakness of the 1997 constitution was that it was a charter without any constitutional or theoretical foundation."
Although constitutional articles (specifically, article 80) committing the state the promoting equal rights between men and women, there was little progress in implementing specific laws to promote equality. In practice only around 10% of MPs and senators are female, and less than 6% of ministers. Only 8.9% of district officers and 2.6% of provincial governors are women.
Further reading
- Bienvenue au Sénat, Thailand Senate
- Constitution of the Kingdom of Thailand (the 1997 Constitution) In English
- http://th.wikisource.org/wiki/%E0%B8%A3%E0%B8%B1%E0%B8%90%E0%B8%98%E0%B8%A3%E0%B8%A3%E0%B8%A1%E0%B8%99%E0%B8%B9%E0%B8%8D%E0%B9%81%E0%B8%AB%E0%B9%88%E0%B8%87%E0%B8%A3%E0%B8%B2%E0%B8%8A%E0%B8%AD%E0%B8%B2%E0%B8%93%E0%B8%B2%E0%B8%88%E0%B8%B1%E0%B8%81%E0%B8%A3%E0%B9%84%E0%B8%97%E0%B8%A2_%E0%B8%9E%E0%B8%B8%E0%B8%97%E0%B8%98%E0%B8%A8%E0%B8%B1%E0%B8%81%E0%B8%A3%E0%B8%B2%E0%B8%8A_%E0%B9%92%E0%B9%95%E0%B9%94%E0%B9%90Constitution of the Kingdom of Thailand] (the 1997 Constitution) In ThaiThai languageThai , 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...
, from Thai Wikisource - National Assembly of Thailand, The 1991 Constitution
- James R. Klein, "The Constitution of the Kingdom of Thailand, 1997: A Blueprint for Participatory Democracy", The Asia Foundation, Working Paper #8, March 1998