Thammasat University students interested in ASEAN studies, Thailand, law, political science, sociology, and related subjects may find it useful to participate in a free 8 February Zoom webinar on Understanding Thailand’s Constitutional Reform: Process, Politics, and Implications.
The event, on Thursday, 8 February at 9am Bangkok time, is presented by the ISEAS – Yusof Ishak Institute, Singapore.
The TU Library collection includes several books about different aspects of constitutional reform in Thailand.
Students are invited to register at this link:
https://us06web.zoom.us/webinar/register/6417055700992/WN_zqGNhbjISJm0PrRB1yBRyA#/registration
The event webpage explains:
About the Webinar
While the May 2023 general elections did not produce a government that faithfully reflects the Thai voters’ mandate, the withdrawal of military-backed elements, which had been at the forefront of Thai politics since 2014, ignited hopes for changes to the junta-drafted 2017 Constitution. This anticipated constitutional reform, however, is shaping up to be a complex and contentious process.
Under Section 256, a constitutional amendment requires not only a majority vote from parliamentarians but also the support of at least one-third of the senators. This majority must also include 20% of MPs from parties that do not hold ministerial or key parliamentary positions, such as the House Speaker and Deputy House Speakers. Furthermore, a 2021 Constitutional Court ruling has led to interpretations suggesting that up to three national referendums may be required for a constitutional overhaul: initiating the reform process, establishing and empowering a constitution drafting assembly, and promulgating a new constitution.
Yet, in light of the newly formed alliance between the Pheu Thai Party and the conservative establishment, the real challenge may lie in the political will. This alliance raises questions about the government’s commitment to genuine reform versus safeguarding conservative interests. The webinar will focus on these developments and shed light on their implications for Thai democracy.
About the Speakers
Siripan Nogsuan Sawasdee is a Professor in the Department of Government at the Faculty of Political Science, Chulalongkorn University, Thailand.
Parit Wacharasindhu is a Member of Parliament. […]
Last year, an article was posted on the website of the International Institute for Democracy and Electoral Assistance (International IDEA), an intergovernmental organization that supports democracy worldwide:
Designing a process for constitutional reform in Thailand
Thailand’s constitution was made in 2017 by the military junta government. Although it was approved by referendum, the 2017 Constitution remains highly unpopular due to its origin. Constitutional reform was a central issue during the tightly contested 2023 elections, in which an unprecedented voter turnout demonstrated strong support for democratic and progressive parties. The same demand, of amending the 2017 Constitution, was repeated throughout the 2020-2021 mass protest movement.
Constitutional amendment is a political and legal process. Through the election and protests, Thai people have expressed their wish to amend the 2017 Constitution. But how constitution makers will translate that political mandate into law remains a challenge.
[…] The legal requirements for amendment
Amendments to the Constitution require a super majority of the National Assembly that includes at least one-fifth of the non-government members of the House of Representatives and at least one third of the Senate. Amendments to Chapters 1 and 2, and Chapter 15 (dealing with amendment) require approval of a majority of voters at referendum. Moreover, a convention dictates that, in cases where an amendment results in a drafting of a new constitution, another referendum is needed.
In 2021, the Constitutional Court imposed an additional requirement of an initial referendum to determine whether a majority of voters approve a process for constitutional change. The Referendum law requires a double majority: a turnout of at least 50% (a requirement that did not apply in previous constitutional referendums) and approval of at least 50% of those who vote. This requirement has been criticised, with calls from Move Forward to amend this law.
There is debate over whether one, two or even three referendums might be required along the way, raising concerns about the costs of the constitutional reform exercise and the risk that people will disengage from the process.
Composition of the Constitution Drafting Body
In the past, Thailand has created Constitution Drafting Assemblies or Committees responsible for producing a draft constitution. Some have been wholly appointed by a military government; others, such as the Assembly that drafted Thailand’s 1997 Constitution, included elected deputies and appointed experts. It is likely that the current reform process will also utilise a constitution drafting body, but there is disagreement on whether that body should be wholly elected or partially appointed. If there are to be appointed members, further questions will arise about who the appointed members might represent and who will be responsible for their appointment.
Timing
Constitutional changes introduced under the previous government were effectively delayed until the end of the parliamentary term curtailed the reform. It seems likely that the current process will occupy much of the term of the current parliament, especially if it is to include at least two referendums and meaningful public participation. The timeline for the process is therefore important. A cross-party committee established to consider the process for constitutional reform has indicated that there will be no preliminary referendum until May 2024, when the membership of the current military appointed Senate expires and new Senators are selected. In the meantime, there will be public consultations across the country to canvas views on constitutional process and substance. A long process subject to delay carries its own risks: that the momentum for constitutional reform will be lost, that political events will intervene, and that the public will disengage.
Navigating a pathway for reform
It will be no easy task to navigate a pathway towards democratic constitutional reform in Thailand. Politics is deeply divided between conservative and progressive parties. Institutions such as the Senate and the Constitutional Court may emerge as major players in the design of the process. It should be closely observed by those interested in constitution building across the world, in particular for the insights that it provides on the interplay of political and legal processes for constitutional change.
An article posted in 2021 on the ISEAS website suggested:
CONCLUSION
Organising a national referendum to let voters decide on whether they want to improve the constitution, and if so how, is the best and most feasible solution for Thailand. […]
Thailand and its people deserve a much better constitution and a brighter political future than this sorry status quo of unending deceit and divisiveness.
(All images courtesy of Wikimedia Commons)