The 2017 Constitution of Thailand and Universal Democratic Principles: A Structural, Legitimacy, and Buddhist Ethical Analysis

Abstract

This article examines key provisions of the Constitution of the Kingdom of Thailand B.E. 2560 (2017) that have been widely debated in academic discourse regarding their consistency with universal democratic principles. The study employs the theoretical frameworks of liberal democracy, popular sovereignty, the rule of law, and democratic legitimacy as its primary analytical foundation, while incorporating selected Buddhist ethical principles-namely good governance Dhammabhisama), Aparihaniya-dhamma, and the Middle Way as a complementary moral framework. Using documentary research, the article analyzes constitutional texts alongside relevant Thai and international scholarly literature.

The findings suggest that the appointed Senate, the involvement of non-elected institutions in selecting the Prime Minister, broadly framed limitations on rights and liberties, and the rigidity of constitutional amendment procedures collectively weaken the linkage between state authority and popular will. The article argues that constitutional reform grounded in normative democratic theory rather than partisan political contestation is essential for enhancing democratic legitimacy and long-term institutional sustainability. It further demonstrates that Buddhist ethical principles can serve as a form of public ethics that supports balanced, accountable, and restrained exercises of political power