The Term of the Prime Minister of Thailand and the Fundamental Principles of a Liberal Democratic State: Scope, Power, and Political Legitimacy

Abstract

The limitation of the term of office for ministers serves as a crucial mechanism to promote democratic principles, prevent power monopolization, and prevent oversight mechanisms on state power from weakening . This article analyzes the legal framework on term limits in the case of General Prayut Chan-o-cha, former Thai Prime Minister, by examining the scope, authority, and legitimacy of governance under the Thai Constitution.

            The intent of Section 158, Paragraph 4 of the Constitution of the Kingdom of Thailand stipulates that the Prime Minister's term shall not exceed 8 years, acting as a key mechanism to prevent power monopolization under liberal democratic principles, while also fostering political stability and enhancing public trust in democratic governance processes. Judicial bodies must adhere firmly to the fundamental principles of liberal democracy and strictly uphold the intent of Section 158. In counting the Prime Minister's term not exceeding 8 years, the judiciary must interpret it to commence from the appointment date of August 24, 2014, rather than April 6, 2017, when the Constitution took effect—even if it involves retroactive counting prior to enforcement, it does not violate the rule of law. The Constitutional Court's interpretation in this case reflects ambiguity in legal construction, sparking debates on legal legitimacy and political legitimacy. Therefore, determining the term of office for the Prime Minister is the duty of the Constitutional Court, which must interpret it by upholding the fundamental principles of liberal democratic constitutionalism to effectively prevent long-term power monopolization by leaders.