Thai Constitution Law and Conflicts Against Liberal Democracy

Abstract

In the Siamese Revolution of 1932 (B.E. 2475) that change the country’s absolute monarchy to constitutional monarchy on 24th of June, it can be seen that Pridi Banomyong had given a speech, “Khana Ratsadon and Democracy Revolution,” pertaining to a true main purpose and intention of ‘Khana Ratsadon’ or the People’s Party. The content was about democracy which upholds fundamental rights and freedom of Thai people, government from election, and a king under constitution. These all were the true main intention of Khana Ratsadon who wished to promote such rights of the people in making government of the people, by the people and for the people. However, problems arose; the change was followed by resistance from a group losing political benefits. The first resistance, led by Prince Boworadet and his group called National Salvation Group, was known as Boworadet Rebellion taking place in October 1933. This article aims at comparing structures of all Thai constitutions in effect to examine on how sections conflict with democracy ideology. The study was historical, documentary research analyzing 20 constitutions enforced
including that of B.E. 2560. The findings showed provisions in all constitutions are contrary to democracy ideology, for instance, fundamental rights of the people taken for granted and ungenuine equality principle which keeps a king above the constitution.
It can be said that an authoritarian group has won absolute power over the state in 25 coups d'état throughout 82 years’ time till 2014 (B.E. 2557), regardless of liberties and political participation of Thai people. Since the change in 1932 (B.E. 2475) there has continually been anti-Khana Ratsadon groups and resulted in return of Royal powers as seen in Constitution (interim) B.E. 2490. The authoritarians had formulated deceptive strategies deluding Thai people and global society into thinking it was disharmony of politicians because of the death of King Rama Viii incident and wrote constitution as an image covering the truth.