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Thailand THE CONSTITUTIONAL FRAMEWORK
The Constitution, promulgated on December 22, 1978, is the
country's twelfth such document since 1932, when Thailand, then
called Siam, first became a constitutional monarchy (see
1932 Coup, ch. 1). Thailand's numerous constitutions resulted, in
part, from various coup leaders revoking an old constitution and
announcing an interim one in order to legitimize their takeover
until a permanent constitution could be promulgated. Political
maneuvers aimed at amending constitutional provisions have often
shed light on the interplay of Thai political forces and the
personalities and issues involved
(see
Political Developments, 1980-87
, this ch.).
The Constitution provides for a parliamentary form of
government with the king as titular head of state. In theory, the
monarch exercises popularly derived power through the National
Assembly, the Council of Ministers, and the courts. In reality,
power is wielded by the prime minister--the head of government--
who chairs the Council of Ministers, or cabinet.
The Constitution includes a long chapter on the rights and
liberties of the people, in which are guaranteed due process of
law; sanctity of the family; rights of property and inheritance;
freedom from forced labor, except by law in times of national
emergencies or armed hostilities; and the inviolability of the
person and private communications. Censorship is banned except by
law for the purpose of "public order or good morals, public
safety, or for maintaining the security of the state." Also
guaranteed are freedom of the press, freedom of speech, freedom
of religious worship, and the right of peaceful assembly; freedom
of residence and movement within the kingdom; the right to
organize voluntary associations; the right to establish a
political party and engage in political activities within a
democratic framework; and the right to petition against public
institutions. These rights and liberties, however, are not to be
used against the interest of "the Nation, religion, the King, and
the Constitution."
Affairs of state must conform to a set of principles, which,
among other things, obligate the state to maintain the monarchy,
provide compulsory and free education, and promote public
understanding of and belief in a democratic form of government
with the king as its head. The state is also directed to ensure
that the people enjoy the right of self-government as prescribed
by law. Other directive principles urge the state to encourage
private economic initiatives, raise the economic and social
status of the citizenry to the level of "comfortable livelihood,"
and secure either landownership or land use rights for all
farmers by means of land reform or other appropriate measures.
The state is also called upon to promote culture, environmental
protection, planned parenthood, and public health.
The power of the state, exercised through a centralized form
of government, is divided into legislative, executive, and
judicial categories. The state revolves around the king, the
bicameral legislature, the cabinet, the judiciary, the local
government, and the Constitutional Tribunal.
The Constitution may be amended by motions introduced either
by the cabinet or by one-third of the members of the lower house
of the National Assembly; in the latter case, a motion must be in
accordance with a resolution adopted by the political party to
which the proponents of the amendment belong. This provision is
designed to encourage responsible party politics by prohibiting
motions by members acting in defiance of party discipline. An
amendment bill is deliberated in three readings and must be
approved by more than one-half of the total members of both
houses.
The interpretation of the Constitution is under the
jurisdiction of both the National Assembly and the Constitutional
Tribunal. Except for matters reserved for the Constitutional
Tribunal, questions relating to the power and duty of the
legislature are resolved by the assembly sitting in joint
session. The tribunal is responsible for deciding the legality of
a bill passed by the National Assembly. If at least one-fifth of
the National Assembly members object to a given bill before it is
given royal assent, they may request the president of either
chamber to refer the disputed bill to the tribunal for
adjudication. The prime minister also may raise an objection to
the tribunal directly. Decisions by the Constitutional Tribunal
are final and cannot be appealed.
Data as of September 1987
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