The Issue of Constitutional Instability Caused by the Limitation of Constitution Amendment Procedure under Article 256 of the Constitution of the Kingdom of Thailand B.E. 2560

Abstract

The constitution is a law that represents the political ideology of state and established a legal system of state. The constitution must be amendable anytime when the ideology of people in the state have changed. However, to maintain the constitutional stability, especially the Constitution, which protects the rights and freedoms of the people under the ideal of constitutionalism, some restrictions may be imposed for the amendment process.

Moreover, The restriction must not make the Constitution unamendable. Because when people in the state want to amend their constitution, It means a political ideal of society already change. The barrier of unamendable will force them to use the constituent power to subvert the constitution and create a new one. This is not a wishes situation for every democratic state in the world including Thailand. However, according to the study, the unamendable and the risk of subvert now happen in Thailand due to the article 256 of the Constitution of the Kingdom of Thailand, B.E. 2560.