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

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Tientawat Srijaingam

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.

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How to Cite
srijaingam, tientawat . (2020). Constitution in Transitional Period: Three cases study and the lesson learn for applying in Thailand. King Prajadhipok’s Institute Journal, 16(3), 5–25. Retrieved from https://so06.tci-thaijo.org/index.php/kpi_journal/article/view/243947
Section
Original Articles

References

Dankwart Rustow. (1970). Transitions to democracy : Toward a dynamic model in Comparative Politic 2(3) 1970

Ingrid Nifosi. (2005). A New Conceptual Framework for Political Transition : a Case study on Rawanda: l’afrique des grands lacs. Annuaire 2004-2005.

Karl Lynn. (1990). Dilemmas of democratization in Latin America in Comparative Politic 23(1), 1990.

Mark Brzezinski. (2000). The Struggle for Constitutionalism in Poland: St.Martin’s press, inc. Newyork: 175 Fifth Avenue.

Robert P Inman. (2013). Understanding the Democratic Transition in South Africa: Oxford University press. Oxford : Great Clarendon Street.

Robert P Inman & Daniel L Rubinfeld. (2008). Federal Institutions and the Democratic transition: learning from south Africa: National bureau of economic research. Cambridge : 1050 Massachusetts Avenue.

Samuel P. Huntington. (1991). The third wave : Democratization in the late twentieth century: University of Oakland press. London.