The 10th of December each year marks
Thailand’s Constitution Day. The importance of the constitution has been
emphasized to help bring about political reform and strengthen democracy in
Thai society.
The history of Thailand’s constitutions
began in 1932 when King Prajadhipok (Rama VII), granted the first permanent
constitution to the Thai people on 10 December. The constitution was meant to
be the ultimate law, following the change of the country’s absolute monarchy to
a constitutional monarchy.
Before the constitution was created,
Thailand was ruled by an absolute monarchy until 24 June 1932, when a group of
young intellectuals and army officers, educated abroad and imbued with the
concept of Western democracy, staged a bloodless coup. Determined to avoid any
bloodshed, King Prajadhipok agreed to the abolition of absolute monarchy and
the transfer of power to the constitution-based system of government as
demanded.
The King, in any case, was already
thinking along such lines himself and had already drafted a constitution which
had been debated in the Supreme Council of State. It was only a matter of
waiting for the right time. He agreed and thus became the first constitutional
monarch. Two years later, unhappy with some of the results, he decided to abdicate.
In his abdication letter dated 2 March 1934, King Prajadhipok said, “I am fully
willing to relinquish the powers which previously belonged to me, to the people
in general, but I refuse to hand these powers to any specific person or group
to exercise them in an absolute way and without listening to the real voice of
the people.”
Over the 80 years of democratic
administration in Thailand, a number of constitutions were promulgated and
amended in accordance with the evolving situation. The present monarch, King
Bhumibol Adulyadej, has reigned under the democratic system for 67 years now,
faithfully enacting the constitutional role written for him. The present
Constitution of Thailand is the 18th of its kind; it was promulgated on 24
August 2007 after being voted on in a public referendum. The general provisions
of the Constitution confirm the Kingdom as a democratic regime with the King as
Head of State. The rights and liberties of the Thai people as recognized by the
Constitution are divided into ensuring human dignity, equality of individuals,
freedom of expression of individuals, and people’s political participation.
Section 3 of the Constitution states
that the sovereign power belongs to the Thai people. The King as Head of State
shall exercise such power through the National Assembly, the Council of
Ministers, and the Courts in accordance of the provisions of the Constitution.
The performance of duties of the
National Assembly, the Council of Ministers, the Courts, the constitutional
organizations and state agencies shall be in accordance with the rule of law.
According to Section 7, whenever no
provision under this Constitution is applicable to any case, it shall be
decided in accordance with the constitutional convention in the democratic
regime of government with the King as Head of State.
(thailand.prd.go.th)