The Problem of The Interpretation of “Overthrow of The Democratic Regime” by The Constitutional Court of The Kingdom of Thailand

Abstract

This article aims to examine the problem of the interpretation of “Overthrow of the Democratic Regime” by the Constitutional Court of the Kingdom of Thailand from 2006 to 2024. The research is conducted through an analysis of ten decisions of the Constitutional Court, which are classified into four types of cases: (1) cases related to corruption involving political parties and the electoral process; (2) cases related to social movements or assemblies; (3) cases related to amendments to laws or legislative acts; and (4) cases related to the monarchy. The findings indicate that, across these categories, the Constitutional Court interprets the term differently, and that no clear or definite interpretative standard exists. Moreover, these interpretations are inconsistent with the universally recognized definition of threats to democracy. This inconsistency creates loopholes that enable the Constitutional Court to be used as a political mechanism rather than as an institution that protects the fundamental values of the democratic regime with the King as Head of State.