Constitution Day and the Government of Thailand

Today is Constitution Day here in Thailand, a national holiday. Recently, there have been protests against the government in Bangkok. Many of the protesters are calling for governmental reform and for the prime minister to step down. But how exactly does the government operate under the current constitution?

Style of Government in Thailand

Thailand is a constitutional monarchy, with the prime minister, currently Yingluck Shinawatra, as the head of the government and the hereditary monarch, currently King Bhumibol Adulyadej, as the head of the state. The transition to becoming a constitutional monarchy began in the middle of 1932 as a resolution to a coup when King Pradjadhipok signed a charter saying that “the highest power in the land belongs to all people.” Since then, Thailand has had 17 different constitutions, with a new one often being instituted after a coup. Changes in the constitution were most often in regards to the separation of powers among the government, ranging from parliaments to dictatorships.

1997 Thai Constitution: the People’s Constitution

The most populist constitution was the 1997 Constitution and is also known as the “People’s Constitution.” It was the first constitution to be drafted by an elected body. The impetus for this constitution came from uprisings and protests in 1992 known as “Black May,” which saw 200,000 people protesting and 52 confirmed deaths.

This constitution instituted a bicameral legislature with both houses being elected. Voting was made compulsory and MP’s were required to hold a bachelor’s degree. Thresholds were set for no-confidence votes as an attempt to stabilize the government and the executive and legislative branch were further separated. A number of human rights were officially recognized, such as the right to education, the rights of traditional communities and the right to peacefully protest. Local government offices were created and checks and balances were created with a number of new organizations and commissions.

2007 Constitution: the Current Constitution

The current constitution replaced the 1997 Constitution in 2007 as a result of the 2006 military coup that removed Prime Minister Thaksin Shinawatra (the current prime minister’s brother). The military junta appointed a panel to draft a constitution that would lead to the junta becoming the permanent Council for National Security which would appoint a powerful executive branch.

Significant changes include half of the Senate being elected and half being appointed and the removal of the right to protest. One drastic change was that the permanent constitution would have to be approved by a public referendum. The charter was criticized by Thaksin’s Thai Love Thai party until criticism was banned and the Council for National Security linked support for the charter with support for the king using slogans like, “Love the King. Care about the King. Vote in a referendum. Accept the 2007 draft charter.” The charter passed with 59.3% of the vote with a 55.6% voter turnout rate.

The rumbles of changes have been happening for a while here in Thailand, with Thaksin’s sister being elected and constantly fielding accusations of being a puppet for her brother. Earlier this year she stirred the pot by proposing a bill that would call for all of the Senate to be elected and later by proposing amnesty for her brother and the former prime minister who is facing murder charges. Both bills were defeated. I am unsure of the direction that things are going to go here, but I can say that things are pretty quiet in the village.

I encourage you to read more about the constitutions of Thailand, the 1997 Constitution here, the current constitution and the government and politics of Thailand.