Constitution of Thailand - Overview

Overview

Siam (today known as Thailand) has had 17 constitutions and charters since the overthrow of the absolute monarchy in 1932.

1. Temporary Charter for the Administration of Siam Act 1932
2. The Constitution of the Siam Kingdom 1932
3. The Constitution of the Kingdom of Thailand 1946
4. The Constitution of the Kingdom of Thailand (Temporary) 1947
5. The Constitution of the Kingdom of Thailand 1949
6. The Constitution of the Kingdom of Thailand 1932 (Revised 1952)
7. Charter for the Administration of the Kingdom 1959
8. Constitution of the Kingdom of Thailand 1968
9. Temporary Charter for Administration of the Kingdom 1972
10. Constitution for the Administration of the Kingdom 1974
11. Constitution for Administration of the Kingdom 1976
12. Charter for Administration of the Kingdom 1977
13. Constitution of the Kingdom of Thailand 1978
14. Charter for Administration of the Kingdom 1991
15. The Constitution of the Kingdom of Thailand 1991
16. The Constitution of the Kingdom of Thailand 1997
17. The Constitution of the Kingdom of Thailand (Interim) 2006
18. The Constitution of the Kingdom of Thailand 2007

Charters have traditionally been temporary instruments, promulgated following military coups. However, some charters, for instance the 1959 Charter of military dictator Sarit Dhanarajata, were used for years at a time. The 2006 coup resulted in an interim constitution rather than an interim charter.

The great number of charters and constitutions since 1932 is indicative of the degree of political instability currently in Thailand. The majority of charters and constitutions were the direct or indirect result of military coups. Charters and constitutions for much of Thai history can be thought of not as instruments of the people to control the government but as instruments by which a government controls its people.

All of Thailand's charters and constitutions have allowed a constitutional monarchy. Widely varying, however, have been the strength of the legislature, the percentage of legislators appointed versus elected, the power of the monarch, and the strength of the executive. These parameters have been influenced by the political and military strength of the regime and the degree of support from the king and the palace. For instance, the 1959 Charter gave Sarit Dhanarajata absolute power over the executive and the legislature, which reflected the overwhelming strength with which he executed a coup over Plaek Pibulsonggram as well as his strong support from the palace.

Based on the degree by which the legislature is elected, Thailand's 17 constitutions and charters can be categorized into 3 groups:

1. Elected legislatures: The legislature is completely elected. This included the 1946 Constitution where the elected House selected the Senate and the 1997 Constitution where both the House and Senate are elected.
2. Appointed legislatures: The legislature is partly elected and partly appointed by the executive. The appointed members of the legislature are sufficient to limit the power of the elected representatives. The Prime Minister is either a military leader or a figurehead of the military or the palace. This includes the (after 1937), the 1947 Charter, the 1949 Constitution, the 1952 Constitution, the 1968 Constitution, the 1974 Constitution, the 1978 Constitution, and the 1991 Constitution.
3. Absolute executives: The executive has absolute or near absolute power, with either no legislature or a completely appointed legislature. The Prime Minister is usually a military leader or a figurehead of the military or the palace. This includes the 1932 constitutions (before 1937), the 1959 Charter, the 1972 Charter, the 1976 Constitution, the 1991 Charter, and Thailand's last charter, the 2006 Interim Charter.