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| Constitutional Assembly of Thailand | |
|---|---|
| Name | Constitutional Assembly of Thailand |
| Formation | Various historical instances (1932, 1946, 1997, 2006, 2007, 2014, 2019) |
| Jurisdiction | Kingdom of Thailand |
| Headquarters | Bangkok |
| Type | Constituent assembly / constitutional convention |
Constitutional Assembly of Thailand is the designation applied to ad hoc bodies convened to draft, revise, or adopt constitutions for the Kingdom of Thailand. These assemblies have been summoned at pivotal moments linked to political crises, revolutions, coups d'état, and negotiated transitions involving actors such as the People's Party (Khana Ratsadon), the Royal Thai Army, the Democrat Party (Thailand), Palang Pracharath Party, and civic movements like the Yellow Shirts and Red Shirts. Their outputs include landmark instruments such as the 1932 charter, the 1997 "people's constitution", and post-coup charters throughout the late 20th and early 21st centuries.
Constituent bodies in Thailand originate from intersections among monarchical prerogative linked to the Chakri dynasty, revolutionary mandates exemplified by the Siamese revolution of 1932, statutory provisions found in interim charters promulgated by the Privy Council of Thailand, and orders issued by junta leaders such as Field Marshal Plaek Phibunsongkhram, Prime Minister Prayut Chan-o-cha, and General Sonthi Boonyaratglin. Legal foundations have ranged from decrees by the National Council for Peace and Order to articles within prior constitutions like the 2007 and 2017 charters. Judicial review by institutions including the Constitutional Court of Thailand has intermittently adjudicated disputes over assembly composition and mandate.
Membership models have varied: some assemblies consisted of appointed members drawn from the Senate of Thailand, House of Representatives of Thailand incumbents, civil service elites, judiciary figures, and military officers; others incorporated representatives from provincial constituencies, student organizations such as Students Federation of Thailand, labour unions affiliated with Thai Trade Union Confederation, and professional associations like the Bar Association of Thailand. Selection mechanisms have included royal appointments by the Monarch of Thailand, nominations by junta councils such as the National Peacekeeping Council (NPKC), indirect election through provincial electorates, and direct election campaigns modeled after processes for bodies like the Constituent Assembly of Indonesia. Controversial methods have sometimes mirrored practices used by Interim Government of Thailands and transitional bodies such as the People's Committees that followed coups.
Assemblies have been empowered to draft constitutional text, set transitional governance arrangements, determine the structure of institutions including the National Assembly of Thailand, define electoral systems affecting parties like Thai Rak Thai Party and Pheu Thai Party, and prescribe eligibility rules for political office referencing figures such as Thaksin Shinawatra and Yingluck Shinawatra. They have also set procedures for vetting candidates through entities like the Election Commission of Thailand and framed mechanisms for emergency governance akin to provisions in the Internal Security Act of Thailand. Some charters have expanded or curtailed powers of the Monarch of Thailand and the Prime Minister of Thailand, created appointed upper chambers resembling the House of Lords (UK) model, or introduced provisions for decentralization affecting provinces such as Chiang Mai and Songkhla.
Key drafts include the 1932 provisional charter following the Siamese revolution of 1932, the 1946 constitution linked to post-World War II politics and figures like Pridi Banomyong, the 1997 constitution produced after mass mobilization and legal reform campaigns led by academics and NGOs, the 2007 constitution drafted after the 2006 coup that ousted Thaksin Shinawatra, and the 2017 constitution promulgated by the National Council for Peace and Order after the 2014 coup. Major decisions have addressed issues such as judicial review expansion influenced by the Constitutional Court of Thailand rulings, party dissolution precedents affecting Palang Pracharath Party and Thai Rak Thai Party, and electoral system reforms including mixed-member proportional and party-list formulas debated in assemblies.
Assemblies have been focal points for clashes among monarchists associated with the Privy Council of Thailand, populist movements led by Thaksin Shinawatra, conservative elites including Sonthi Boonyaratglin sympathizers, and reformist civil society coalitions such as the Campaign for Popular Democracy (Thailand). Controversies include allegations of elite engineering via appointed senates, restrictions on political participation mirrored in bans enacted by the Administrative Court of Thailand, and disputes over royal prerogatives and lese-majeste enforcement under Article 112 of the Criminal Code. International observers and rights organizations have critiqued episodes tied to the Taiwan (ROC)-style comparative constitutionalism debates, while domestic litigants have litigated assembly mandates before the Supreme Administrative Court of Thailand.
- 1932: Post-Siamese revolution of 1932 provisional assembly drafts first constitutional charter; actors include People's Party (Khana Ratsadon) and King Prajadhipok. - 1946: Constitutional drafting amid post-war realignment; figures such as Pridi Banomyong prominent. - 1973–1976: Student-led political openings culminating in assemblies after the Yuthasastrakarn/October 14 Incident and subsequent repression linked to Thanom Kittikachorn. - 1997: "People's constitution" drafted following mass reform movement involving NGOs and academics. - 2006–2007: Assemblies after the 2006 coup against Thaksin Shinawatra produce the 2007 constitution. - 2014–2017: Junta National Council for Peace and Order dissolves the legislature, appoints drafting assembly leading to the 2017 charter under Prayut Chan-o-cha. - 2019: Elections held under the 2017 constitution reshape composition of the National Assembly of Thailand and related institutions.
Category:Politics of Thailand