Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

shirts, formed a rival support group for Thaksin. In September, violence broke out


between the two groups and PM Samak resigned. Thaksin’s brother-in-law, Somchai


Wongsawat, was then sworn in as prime minister and this led to intensified protests by


the yellow-shirted PAD supporters. In the next two months, things spiralled out of


control as PAD supporters clashed with police, and stormed and occupied airports in


Bangkok in an effort to force the PPP from office.


In December 2008 , the Constitutional Court ruled that the PPP, Chart Thai and


Matchimathippatai parties were guilty of election fraud and dissolved the parties.


The opposition Democrat Party was thus tasked with forming the next government


and Abhisit Vejjajiiva was sworn in as prime minister. The UDD protestors then


stepped up their protests in a bid to oust the new government.^83 PM Abhisit


presided over one of the stormiest periods in recent Thai history, with the Red


Shirts and Yellow Shirts clashing regularly. One of the most embarrassing moments


was when the Red Shirts stormed the ASEAN Summit in Pattaya in April 2009 ,


causing ASEAN dignitaries and delegates to flee the conference. In September,


Abhisit established a committee to study the controversial Section 237 of the


Constitution, under which a government stands dissolved if its leaders are pros-


ecuted for corruption. The committee recommended repealing Section 237.


From October 2009 to February 2011 , Abhisit’s government was besieged


by constant clashes between the PAD and the UDD. In March 2011 , Abhisit


announced that he would dissolve the Assembly in preparation for elections. In


May, the Assembly was dissolved for elections on 3 July. Yingluck Shinawatra,


Thaksin’s youngest sister, led her Puea Thai Party to victory, winning 265 of the


480 seats. The Democrat Party only managed 159 seats. Yingluck forged a coalition


with the Bhum Jai Thai Party and Chart Thai Pattana Party, adding fifty-three seats to


her majority. On 5 August 2011 , she became Thailand’s first woman prime minister.


Yingluck faced her first major crisis with the flood problem in October 2011.


The massive flooding killed 320 persons and made thousands, including many


in the capital, Bangkok, homeless. She was heavily criticised for her poor handling


of the crisis and her lack of experience. Her next major crisis arose when her Puea


Thai Party sought to appoint a ninety-nine-member Drafting Committee to amend


the 2007 constitution, which it regarded as anti-democratic. Yingluck’s opponents


objected that the proposal was unconstitutional and was designed to undermine the


monarchy. On 13 July 2012 , the Thai Constitutional Court held that the Consti-


tution could be amended section by section but could not be entirely rewritten


except by consent of a referendum. Notwithstanding the court’s ruling, Yingluck’s


party announced a moratorium on their constitutional amendment plans for the


time being.
84


(^83) See Kitti Prasirtsuk, ‘Thailand in 2008 : crises continued’ ( 2009 ) 49 ( 1 )Asian Survey 174.
(^84) Daniel Ten Kate and Suttinee Yuvejwattana, ‘Thai ruling party shelves amnesty
bills, constitutional changes’,Bloomberg Businessweek, 31 July 2012 , available atwww.


Constitutionalism in Burma, Cambodia and Thailand 241

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