The Constitution abolished by the Constitution amendment’s process of Thailand

Abstract

Thailand defines the repeal of its constitution in accordance with the constitutional amendment process for full version and some sections. The amendments of full version had been introduced for 3 attempts which only one them succeeded. In case of the repeal of The Constitution of The Kingdom of Thailand, B.E. 2560 (2017), the constitution could be repealed by the constitutional amendment process for the full version by drafting new constitution to replace the previous version. In the future, the author believes that the introduction of new version will happen certainly because some groups of academicians, politicians and people regard The Constitution of The Kingdom of Thailand, B.E. 2560, the 20^th constitution, as the undemocratic version and the whole constitution should be amended. In this regard, an organization should be established to draw up new constitution to replace the previous version. The author believes the amendment cannot be done because the provisions stated in the Constitution formulate its objectives only for the repeal of constitution in accordance with the constitutional amendment process for some sections. However, the democratic form of government with the King as Head of State under Section 3, The Constitution of The Kingdom of Thailand, B.E. 2560 defines that the sovereign power belongs to Thai people who is the owner of constituent power (Constituent Power). People is entitled to introduce the new constitution by referendum. Significantly, The Constitution of The Kingdom of Thailand, B.E. 2560 has been endorsed by the referendum. The repeal of Constitution by the whole constitutional amendment for introducing new constitution to replace the previous version also requires the referendum’s people according to the Constitutional Court’s Decision No. 18-22/2555.