Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

In late 1974 , a new liberal constitution was promulgated under the regime of PM


Dr Sanya Dharmasakti. However, this democratic hiatus, marked by the prime


ministerships of Seni Pramoj and Kukrit Pramoj, lasted only until 1976 .In 1977 ,


Thanin Kraivichien, a former Supreme Court justice, was installed as PM. His


repressive tenure was followed by the moderate government of General Kriangsak


Chommanand, whose tenure lasted till 1980.^66 During Kriangsak’s regime, a liberal


constitution was promulgated and it lasted until a bloodless coup led by General


Sunthorn Kongsompong in 1991. Between 1978 and 1991 , Thailand enjoyed relative


political stability and the semi-liberal constitution was respected. General Prem


Tinsulanond, a former army general, led a broad-based political coalition govern-


ment. Several general elections were held, but the winning parties always asked Prem


to continue as PM, as he enjoyed the support of the military, King Bhumibol and the


people. Prem’s final term of office ended in 1988 when elections were held and


Chatichai Choonhavan, another former general, formed a civilian government.


The Chatichai government lasted only three years before the military staged


another coup. Realising that the military coup had little popular support, the generals


installed Anand Panyarachun, a career diplomat, as PM. Anand, who lacked political


ambitions, is generally acknowledged to have been the best Thai PM in recent times.


His tenure lasted just over a year, when elections were again called. Suchinda


Kraprayoon, a military strongman, became PM, but his tenure lasted only a few


months. The people revolted and there was widespread rioting in Bangkok. In a rare


instance of direct intervention, King Bhumibol lectured the feuding parties on


national television and told them to work out a peaceful solution. Suchinda resigned


and Anand Panyarachun was once again asked to take over as PM. PM Anand set


about reorganising the government and left office once he had organised elections. In


the second 1992 elections, a new coalition under Chuan Leekpai took power. As with


most coalitions, it was difficult to hold everyone together, and Chuan Leekpai took


turns with Banharn Siliparcha at the helm of Thai politics.


The 1997 constitution


During this period, a Constitution Amendment Bill was passed in May 1986


to provide for the formation of a ninety-nine-member Constitution Drafting


Assembly.^67 The assembly was to conduct a survey of public opinion through


hearings and was to finalise a draft for presentation to parliament in 240 days. If it


failed to secure a majority vote in parliament, a public referendum would be held and


a simple majority of eligible voters would suffice to approve it.


(^66) Aakesson, Bunnag and Bunnag, ‘The development of constitutionalism in Thailand’,
pp. 666 – 7.
(^67) One member was drawn from each of the seventy-six provinces, while the others were
experts in public law, political science and public administration shortlisted by univer-
sities, to be chosen by parliament.


236 Tan

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