Simone Lawson
Thailand's political history has been marked by a high degree of political instability, with 20 charters or constitutions since the abolition of the absolute monarchy in 1932. The country's constitutional monarchy has been punctuated by several military coups, each of which resulted in the abrogation of the existing constitution and the promulgation of a new one. The ratification process for Thailand's various constitutions has evolved over time, with the 1997 constitution, known as the people's constitution, being a landmark in terms of democratic participation and the inclusion of human rights. The most recent constitution, drafted in 2007, was suspended in 2014 following another military coup, and the country's political future remains uncertain as discussions on constitutional change continue.
| Characteristics | Values |
|---|---|
| Number of Charters or Constitutions | 20 (as of 2015) |
| Average Number of Years Between Constitutions | 4 |
| Number of Military Coups | 20 |
| Public Consultation | Rarely |
| Average Time to Ratification | 4 years |
| Current Reform Timeline | Includes public consultations until May 2024 |
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What You'll Learn
Public referendum
Thailand has had 20 charters or constitutions since the abolition of the absolute monarchy in 1932. The country has experienced a high degree of political instability, with many changes following military coups. After each coup, the existing constitution was abrogated, and a new one was promulgated, 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 in its drafting and its democratic nature. It stipulated an elected bicameral legislature, and many human rights were explicitly acknowledged for the first time.
The interim charter of the 2007 Constitution mandated that it required ratification by public referendum. This was to be achieved through a Constitution Drafting Assembly or Committee responsible for producing a draft constitution. Some of these have been wholly appointed by a military government, while others, such as the Assembly that drafted the 1997 Constitution, included elected deputies and appointed experts.
The process of constitutional reform in Thailand is complex and lengthy. There is debate over the number of referendums required, and there are concerns about the costs and the risk of public disengagement. The current reform process is expected to include at least two referendums and meaningful public participation. However, there is a concern that conservative powers can block the amendment process if they feel threatened.
The timeline for constitutional reform in Thailand is important, especially with the upcoming expiration of the current military-appointed Senate in May 2024. In the meantime, public consultations will be held across the country to gather views on the constitutional process and substance.
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Military influence
Thailand has had 20 charters or constitutions since the abolition of its absolute monarchy in 1932. Many of these changes followed military coups, reflecting the high degree of political instability in the country. After each coup, the military regime would abrogate the existing constitution and promulgate a new one, often without public consultation.
The country's first constitution in 1932 was established after a bloodless coup by a coalition of civil servants and army officers. This established a constitutional monarchy with the monarch as the head of state. The monarch holds a position of revered worship and is the head of the Thai Armed Forces. The Privy Council, appointed by the monarch, has the duty to render advice to the king. The 1930s constitutions enshrined the idea of parliamentary government, which has since been a feature of Thai politics.
The military has had a significant influence on Thai politics, with the armed forces playing a role in preserving public order and protecting the monarchy. The country's political process was controlled by elites whose power was derived from the military until the 1980s, when elected parliaments began to gain influence. There has been a history of the military staging coups and taking control, such as in 2006-2007 and 2014, with the 2007 constitution being suspended after the latter. The military has also influenced the composition of the Senate, with the 2017 constitution allowing the NCPO to appoint a panel to choose Senators, including seats reserved for military leaders.
The process of constitutional reform in Thailand often involves Constitution Drafting Assemblies or Committees, some of which have been wholly appointed by military governments. The current reform process is likely to include public consultations and referendums, with the goal of transitioning to a more democratic constitutional monarchy.
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The role of the monarch
Since the abolition of absolute monarchy in 1932, Thailand has had 20 charters or constitutions, with an average of one roughly every four years. The country has had universal suffrage since 1932, and the minimum voting age is 18.
The monarch in Thailand is the head of state and the head of the Thai Armed Forces. The monarch holds the royal prerogative to create and remove titles, confer and revoke decorations, and appoint a person as regent in their absence. The monarch also appoints the President of the Privy Council and up to eighteen Privy Councillors. The Privy Council advises the monarch on all matters pertaining to their functions.
The monarch officially appoints the Prime Minister, who must be selected from among the House of Representatives with the approval of over half of the House. The monarch then appoints the Council of Ministers, with a maximum of 35 members, and can remove any Minister upon the advice of the Prime Minister.
The monarch's signature is required for the enactment of a new constitution, which must also comply with the approval of the majority of the people. The 2007 Constitution, for example, was presented to the King for his signature and royal permission before being enacted.
The National Human Rights Commission (NHRC) used to be appointed by the monarch and the Senate. However, under the 2017 Constitution, NHRC members are now appointed through a special process that includes the participation of outside human rights organizations.
The Constitutional Court, which hears cases pertaining to constitutional issues, is composed of judges selected by a Selection Committee and then approved by the Senate before being officially appointed by the monarch.
While Thailand has a history of military coups and political instability, the monarch plays a crucial role in maintaining stability and upholding the institution of kingship, independence, sovereignty, and integrity of the nation.
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The drafting process
Thailand has had 20 charters or constitutions since the abolition of the absolute monarchy in 1932. The country has experienced a high degree of political instability, with many changes following military coups.
The 2007 Constitution, largely based on the 1997 version, provided for the direct election of members of the lower house of the Assembly, the House of Representatives, to four-year terms. Five-sixths of the members were to be elected from single-member districts, with the remainder based on proportional representation from the political parties. It also required the prime minister to be a member of the House of Representatives. The 2007 Constitution was suspended following a military coup in 2014, except for provisions pertaining to the monarchy.
The most recent constitution, drafted in 2017, establishes Thailand as a democratic regime of government with the King as Head of State. It outlines that sovereign power belongs to the Thai people and that the King shall exercise this power through the National Assembly, the Council of Ministers, and the Courts, in accordance with the constitution's provisions. The 2017 Constitution also outlines the duties of various institutions, such as the National Human Rights Commission (NHRC), which is tasked with promoting and protecting human rights in Thailand.
The current process of constitutional reform in Thailand involves public consultations to gather views on constitutional process and substance. There is debate over the number of referendums required, with some arguing for at least two referendums to ensure meaningful public participation. The timeline for the reform process is a subject of concern, as delays may lead to a loss of momentum, political interventions, and public disengagement.
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Constitutional monarchy
Thailand has been a constitutional monarchy since 1932, when a coalition of civil servants and army officers seized power in a bloodless coup, instituting the country's first constitution. Since then, Thailand has had 20 constitutions and charters, with a series of intervening military coups.
The country's various constitutions have all followed the model of constitutional monarchy, with significant power retained by the King as Head of State. The King holds a position of revered worship and cannot be violated or accused. He is also the Head of the Thai Armed Forces and has the prerogative to create and remove titles, confer and revoke decorations, and appoint a Privy Council. The Privy Council advises the King and has other duties as provided by the constitution.
The 2007 Constitution, largely based on that of 1997, provides for the direct election of members of the lower house of the Assembly, the House of Representatives, to four-year terms. Five-sixths are elected from single-member districts, and the remainder are based on proportional representation from the political parties. It also requires the Prime Minister to be a member of the House of Representatives. The Prime Minister is selected from among the House of Representatives with the approval of over half of the House, and the King then officially appoints the person. The King also appoints the Council of Ministers, with a maximum of 35 members, and each Minister is removable by the King upon the advice of the Prime Minister.
The National Assembly, the Council of Ministers, and the Courts exercise power in accordance with the provisions of the constitution and laws passed by the National Assembly. The constitution is the supreme law of the State, and any provisions contrary to it are unenforceable. The National Human Rights Commission (NHRC) is tasked with promoting and protecting human rights in Thailand and reporting violations to the National Assembly and the Council of Ministers.
The process of constitutional reform in Thailand involves the formation of Constitution Drafting Assemblies or Committees responsible for producing a draft constitution. Some have been wholly appointed by a military government, while others, like the Assembly that drafted the 1997 Constitution, included elected deputies and appointed experts. The current reform process is likely to utilise a constitution drafting body, but there is disagreement on whether it should be wholly elected or partially appointed. There is also debate over the number of referendums required, with concerns about the costs and risks of public disengagement.
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Frequently asked questions
Thailand has had 20 charters or constitutions since 1932.
The Constitution of the Kingdom of Thailand provides the basis for the rule of law in Thailand.
The King has the power to grant royal permission and enact the constitution with his signature. The constitution is then announced and replaces the previous constitution.
The public has been allowed to express their views and opinions about the new charter, which are gathered and used in drafting the new constitution.
Institutions such as the Senate and the Constitutional Court emerge as major players in the design of the constitution-making process.
