Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

The 2007 constitution was intended to deal with the weaknesses said to be inherent


in the 1997 constitution. Among these were cronyism and the politicisation of


appointments to national institutions such as the Constitutional Court, the National


Anti-Corruption Commission and Election Commission. Some key features of


the 2007 constitution were clearly directly targeted at Thaksin: the limiting of the


prime minister’s term of office to eight consecutive years^78 and the ban on the prime


minister’s having stakes in private businesses. While the 1997 constitution had pro-


vided safeguards for the appointment of key officials in national institutions, Thaksin


was able to subvert these safeguards by controlling the Senate, which was responsible


for these appointments. Under the 2007 constitution, only half the 150 -member Senate


would be popularly elected; the other half would be chosen by a Senators Selective


Committee^79 comprising the presidents of the Constitutional Court, the Election


Commission, the ombudsmen, the National Counter-Corruption Commission, the


State Audit Commission, a judge of the Supreme Court and a judge of the Supreme


Administrative Court.
80
ThesizeoftheHouseofRepresentativeswasalsoreduced


from 500 to 480 ,
81
and the threshold for a vote of no confidence in the prime minister


was reduced from two-fifths to one-fifth of the members of the National Assembly.


The 2007 constitution was viewed by many as being biased in favour of


the armed forces and was thought to lead to greater factionalism and political


instability.
82
Elections under the 2007 constitution were held on 23 December



  1. The Palang Prachachon, or People’s Power, Party (PPP) – actually the Thai


Rak Thai Party in a reconstituted guise – and its allies emerged victorious, securing


233 of the 480 seats in the House of Representatives. Their main rivals, the


Democrat Party under Abhisit Vejjajiva, won 165 seats. In January 2008 , PPP leader


Samak Suntaravej was sworn in as prime minister at the head of a coalition


government that included the Chart Thai (Thai Nation), Pue Paendin


(For the Motherland), Matchimathippatai (Neutral Democratic Party), Ruam-


jaithai Chartpattana (Thais United National Development) and Pracharaj (State’s


Citizens) parties, leaving the Democrat Party the sole opposition party.


Political mayhem and new elections ( 2008 – 2011 )


Even though the PPP secured electoral victory, the political situation remained


volatile. In June 2008 , the People’s Alliance for Democracy (PAD), headed by


Thaksin’s chief critic, Sondhi Limthongkul, staged a protest against the PPP govern-


ment. Wearing yellow shirts, PAD supporters were seen to be anti-Thaksin and


royalist. The United Front for Democracy against Dictatorship (UDD), wearing red


(^78) The Constitution of the Kingdom of Thailand (Constitution of Thailand), 2007 , Section 171.
(^79) Constitution of Thailand, Section 111. (^80) Constitution of Thailand, Section 113.
(^81) Constitution of Thailand, Section 93.
(^82) Erik Martinez Kuhonta, ‘The paradox of Thailand’s 1997 “People’s Constitution”: be
careful what you wish for’,Asian Survey 48 ( 3 ) (May/June 2008 ) 373.


240 Tan

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