Overview

Since 1932, the Kingdom of Thailand has been a parliamentary democracy with a constitutional monarchy, making it one of the oldest democracies in Southeast Asia. The administration of the country is carried out by the Council of Ministers headed by the Prime Minister under a bicameral parliamentary system. Throughout its modern history, Thailand has steadily strengthened its democratic institutions to ensure that the voices of all people are heard and respected. This has been bolstered in recent years by the more active roles played by grassroots groups and independent organisations. The trend towards participatory democracy has encouraged people from all walks of life and civil society to be more actively involved in shaping the national agenda.

The country’s democratic path, however, has not always been smooth. In recent years, Thailand has seen its share of political unrest stemming from different beliefs about how best to move the country forward in the 21st century.

In May 2014, the National Council for Peace and Order was formed to carry out national administration and put the country back on track towards a sustainable democracy with continued economic growth. Following the promulgation of the new Constitution in April 2017, Thailand is moving forward towards general elections.

All four organic laws that are prerequisite for holding general elections have entered into force. The latest of which, the organic law on the Election of Members of the House of Representatives, entered into force on 11 December 2018. Following this, the general elections shall take place within 150days after the promulgation of this organic law.

(Unofficial Translation)
Constitution of the Kingdom of Thailand

His Majesty King Maha Vajiralongkorn Bodindradebayavarangkun

Enacted on the 6^th Day of April B.E. 2560;
Being the 2^nd Year of the Present Reign.

          May there be virtue. Today is the tenth day of the waxing moon in the fifth month of the year of the Rooster under the lunar calendar, being Thursday, the sixth day of April under the solar calendar, in the 2560^th year of the Buddhist Era.

          His Majesty King Maha Vajiralongkorn Bodindradebayavarangkun is graciously pleased to proclaim that the Prime Minister has respectfully apprised  His Majesty the King that since His Majesty King Prajadhipok graciously granted the Constitution of the Kingdom of Siam, B.E. 2475 (1932), Thailand has continually upheld its intent to adhere to the principles of the democratic system of government with the King as Head of State. Despite Constitutions being repealed, amended, and promulgated on several occasions for the purpose of more appropriate administrative organisation, the administration has not been stable or orderly owing to various problems and conflicts, at times including constitutional crises that have found no solutions. Partial causes thereof could be attributed to those who disregarded or defied administrative rules, engaged in corruption or abused powers, or had no regard for responsibility to the nation and its people, resulting in ineffective law enforcement. It is therefore necessary to prevent and resolve these problems by means of reforming the educational system and law enforcement as well as strengthening morals and ethics. Another cause concerns political and administrative rules that were not appropriate for the country’s particular situation and time, while attaching importance to forms and procedures over the fundamental principles of democracy; or the inability to effectively apply existing rules to individual behaviours and circumstances during times of crisis, the formats and methods of which differ from those in the past.

          The Constitution of the Kingdom of Thailand (Interim) B.E. 2557 (2014), Amendment (No. 1) B.E. 2558 (2015), stipulated that the Constitution Drafting Committee be established with the duty of drafting a constitution that will serve as the principles for governance and guidelines for drafting the organic laws and other laws. Mechanisms for putting in order and strengthening national governance have been set up through the appropriate restructuring of duties and powers of various organs established under the Constitution as well as relationships between the legislative and executive branches; the ability of the judicial institutions and other independent organisations responsible for the scrutiny of the exercise of state powers to perform their duties efficiently, honestly and fairly and to take part in the prevention or resolution of national crises as necessary and appropriate; the recognition and protection of rights and liberties of the people in a more precise and comprehensive manner, recognising the rights and liberties as the ruleand the restriction of rights as the exception, provided that the exercise of these rights and liberties be subject to the rules in order to protect the general public; the provision that stipulates that the State has duties to the people and vice versa; the placement of mechanisms to strictly prevent, investigate and eradicate corruption and misconduct in order to prevent those lacking morals, ethics and good governance from entering into positions of power and national administration or exercising their powers arbitrarily; and the adoption of measures to prevent and manage national crises more efficiently. Other mechanisms have also been established in accordance with the provisions of the Constitution of the Kingdom of Thailand (Interim) B.E. 2557 (2014) with a view to serving as a framework for national development in accordance with the policy of the State and national strategy whereby each successive government will formulate appropriate policies and procedures accordingly. The Constitution also creates mechanisms for concerted national reform in various important and necessary aspects as well as for reducing the underlying causes of conflicts in order to maintain peace in the country on the basis of harmony and reconciliation. Achieving these goals will require co-operation between people in all sectors and state agencies according to the State of the People approach and under the rules in conformity with the principles of a democratic system of government, administrative conventions suitable for the situation and the characteristics of the Thai society, as well as the principles of integrity, human rights and good governance. This will enable the country to move forward in an orderly sequence to achieve political, economic and social stability, prosperity and sustainability in accordance with the democratic system of government with the King as Head of State.

          In the implementation thereof, the Constitution Drafting Committee  raised public awareness and understanding on a regular basis regarding the principles and rationales of the provisions of the draft Constitution. This provided an opportunity for the public to widely access and understand the draft Constitution throughvariousmedia outletsand to participate in the development of thesubstanceof the draft Constitution by providing additional recommendations for its revision. Upon completion, copies of the draft Constitution were disseminated to the public with a brief commentary on its essence in a manner which enabled the general public to comprehend easily. In addition, a referendum was held to approve the entire draft Constitution. In this regard, the National Legislative Assembly passed a resolution proposing an additional matter to be voted on at the same referendum. The referendum result showed that the majority of eligible voters who turned out to cast their votes approved the draft Constitution and the additional matter. Consequently, the Constitution Drafting Committee amended related provisions of the draft Constitution according to the result of the referendum on the additional matter and submitted the draft Constitution to the Constitutional Court. The Court decided that the Constitution Drafting Committee should amend certain provisions of the draft, in which the Constitution Drafting Committee proceeded accordingly. The Prime Minister then presented the draft Constitution to His Majesty the King. Thereafter, the Constitution of the Kingdom of Thailand (Interim) B.E. 2557 (2014) Amendment (No. 4) B.E. 2560 (2017) stipulated that the Prime Minister may request that the draft Constitution be returned to proceed with making the amendment on certain issues. Upon the completion of the amendment, the Prime Minister thereby presentedthe draft Constitution to His Majesty the King for His Royal Signature to promulgate it as the Constitution of the Kingdom of Thailand to which His Majesty the King has graciously assented.

          Be it, therefore, commanded by His Majesty the King that the Constitution of the Kingdom of Thailand be promulgated to replace, as from the date of its promulgation, the Constitution of the Kingdom of Thailand (Interim), B.E. 2557 (2014) promulgated on 22^nd Day of July B.E. 2557 (2014).

          May the Thai people unite in observing, protecting and upholding the Constitution of the Kingdom of Thailand in order to maintain the democratic system of government and the sovereign power derived from the Thai people, and to bring about happiness, prosperity and dignity to His Majesty's subjects throughout the Kingdom according to the will of His Majesty in every respect.