Constitution in Transitional Period: Three cases study and the lesson learn for applying in Thailand

Abstract

           This research aim to identify significant collrelation between transitional constitution and contextual factors in political period of transitional to democracy by examine 3 cases such as South Africa, Poland and Ukraine to answer 3 main questions of this research. 1. What is the joint characteristic of transitional constitution in these three cases? 2. What is the main different of transitional constitution in these three cases? 3. Did contextual factor in political period of transitional to democracy affected the different of transitional constitution? The result shown that, there are 3 significant characteristics of transitional constitution in this 3 cases. First, all of them declare the Constitutional democracy as the main regime for the state after the transitional to democracy period. Second, all of them give priority to the rights and freedom sections in the constitution at least in de-jure aspect. Third, all of them give priority to the issue about reforming and re-adjust powers of political institution.

         However, the research found that, there are two main different characteristic of transitional constitution in the 3 cases. First, the measures to protect rights and freedom of the people. Second, The allocation of the political institution in details is different adjustment. The research found that, there is the significant relationship between this two different characteristic and contextual factors in political period of transitional to democracy and effected significantly to the fulfillment of the transitional to democracy
period.