Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

Constitution of the Kingdom of Thailand, promulgated in the name of King


Prajahipok. Under this constitution,


an Assembly of People’s Representatives was established based on indir-


ect elections at the village and sub-district levels (tambol), the electors


of which were to elect the members of the People’s Assembly. Instead of


a People’s Commission, a Council of Ministers was appointed from


among members of the People’s Assembly, consisting of a PM and


not less than fourteen and not more than twenty-four Ministers.


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Chapter ii of the Constitution provided for civil liberties and abolished all


privileges associated with royalty and rank. It also made education compulsory.


Despite its democratic aspirations, the Constitution did not succeed in instilling


democratic inclinations among the Thai public and ruling elite. Following several


coups and an attempted rebellion, the Thai military emerged as the dominant


power broker in Thai politics, and this remains so today.


Vacillating between martial and civilian rule


Thai constitutional development is characterised by periods of military dictatorship


and repression of civil liberties, interspersed with periods of liberal democracy.
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Lieutenant-Colonel Plaek Phibunsongkram, who successfully quelled the 1933


attempted rebellion, became prime minister (PM) in 1938 and took Thailand in


a right-wing nationalist direction, forging a military alliance with Japan. However,


Japan’s defeat in the Second World War sparked off a battle between the left-wing


People’s Party under former professor of constitutional law Pridi Banomyong and


the still powerful Phibunsongkram. Professor Pridi drafted a new constitution in


1946 but this was abrogated after Phibunsongkram staged another coup d’e ́tat


in 1947. He replaced this with an interim constitution which remained in force


only until 1949 , when a permanent constitution was drafted.


A military coup in 1951 resulted in the abrogation of the 1949 constitution and the


country reverted to the 1932 constitution. Late in 1958 , this was abolished by Field


Marshal Sarit Thanarak, who promulgated a provisional constitution which lasted


till 1968. A more ‘permanent’ constitution was drafted, but was quickly thrown out


by Field Marshal Thanom Kittikachorn, who abolished all political parties and


dissolved parliament in 1971. Thanom’s regime lasted only until 1973 , when student


riots brought down his repressive government.


(^64) Preben A.F. Aakesson, Marut Bunnag and Rjira Bunnag, ‘The development of constitu-
tionalism in Thailand: some historical considerations’, in Lawrence Ward Beer (ed.),
Constitutional Systems in Late Twentieth Century Asia(Seattle and London: University
of Washington Press, 1992 ), p. 656 ,at 664.
(^65) Harding and Leyland,The Constitutional System of Thailand, pp. 10 – 21.


Constitutionalism in Burma, Cambodia and Thailand 235

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