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69-446: The 1997 constitution of Thailand , often called the "people's constitution", was considered a landmark in terms of the degree of public participation involved in its drafting as well as the democratic nature of its articles. It stipulated an elected bicameral legislature , and many human rights were explicitly acknowledged for the first time. Many of these reforms disappeared in the military coup of 2006 . The current constitution

138-594: A codified constitution to resolve the bloodless coup of 1932 . The king signed a temporary charter on 27 June 1932 at 17:00, which began by announcing that "the highest power in the land belongs to all people." A significant disadvantage of a codified constitution is that controversies arise due to different understandings of the usages and customs from which the fundamental provisions of the constitution derive. Since 1932, Thailand has had 20 charters or constitutions (as of 2015)—an average of one roughly every four years—many adopted following military coups , which reflects

207-556: A constitutional crisis almost occurred when it appeared that the Parliament would not be able to convene within the constitutional time limit (see April 2006 House election results ). Thammasat University law lecturer Kittisak Prokati, a drafter of the post-2006 coup constitution , claimed that "the weakness of the 1997 constitution was that it was a charter without any constitutional or theoretical foundation." Although constitutional articles (specifically, article 80) committed

276-441: 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

345-572: A military-dominated government that gained power due to the 1991 Constitution provoked public calls for a more accountable system of government. In June 1994, the Committee of Democracy Development of the House of Representatives was established during the government of Chuan Leekpai . Chuan was forced to establish the Committee following a hunger strike by prominent activist Chalard Vorachat . The Committee, headed by academic Prawase Wasi , amended

414-479: A political entity such as a country , nation or city on behalf of the people therein. They are often contrasted with the executive and judicial powers of government . Legislatures can exist at different levels of government–national, state/provincial/regional, local, even supranational (such as the European Parliament ). Countries differ as to what extent they grant deliberative assemblies at

483-418: A quorum . Some of the responsibilities of a legislature, such as giving first consideration to newly proposed legislation, are usually delegated to committees made up of a few of the members of the chamber(s). The members of a legislature usually represent different political parties ; the members from each party generally meet as a caucus to organize their internal affairs. Legislatures vary widely in

552-1254: A successful military coup , and was replaced by the 2006 Constitution on 1 October 2006. Vajiralongkorn (Rama X) Dipangkorn Rasmijoti Paetongtarn Shinawatra ( PTP ) Phumtham Wechayachai ( PTP ) Suriya Juangroongruangkit ( PTP ) Anutin Charnvirakul ( BTP ) Pirapan Salirathavibhaga ( UTN ) Pichai Chunhavajira ( PTP ) Prasert Jantararuangtong ( PTP ) Wan Muhamad Noor Matha ( PCC ) Mongkol Surasajja [REDACTED] Wan Muhamad Noor Matha ( PCC ) Pichet Chuamuangphan ( PTP ) Paradorn Prissanananthakul ( BTP ) Natthaphong Ruengpanyawut ( PP ) [REDACTED] Mongkol Surasajja Kriangkrai Srirak Bunsong Noisophon President: Chanakarn Theeravechpolkul President: Prasitsak Meelarp President: Nakarin Mektrairat Diplomatic missions of / in Thailand Passport Visa requirements Visa policy Borders : Cambodia Laos Malaysia Myanmar (Maritime : India Indonesia Vietnam) Foreign aid The " Black May " public uprising against

621-493: A bloodless coup . A provisional constitution was sent to King Prajadhipok along with an ultimatum from party leaders. On 26 June, the king met the party leaders and refused to sign the charter. The next day, the king met the leaders again and signed the charter. The People's Party leaders generally followed the British parliamentary structure for the temporary charter. However, there were key differences, particularly regarding

690-516: A crowded Bangkok ballroom that Thailand urgently needed a new constitution, to help avert the potential calamity of political violence that might follow the death of King Bhumibol Adulyadej . None of the media outlets in the room dared report this highly sensitive speech. The 1996 amendment called for the creation of an entirely new constitution by a special committee outside the National Assembly . The Constitution Drafting Assembly (CDA)

759-454: A high degree of political instability. After each successful coup, military regimes abrogated existing constitutions and promulgated new ones. Parliamentary institutions, as defined by Thailand's fourteen constitutions between 1932 and 1987, and competition among civilian politicians, have generally been facades for military governments. All of these called for a constitutional monarchy , but with widely differing separation of powers between

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828-664: A legislature: One of the major functions of a legislature is to discuss and debate issues of major importance to society. This activity can take place in two forms. In debating legislatures, such as the Parliament of the United Kingdom , the floor of the legislature frequently sees lively debate. In contrast, in committee-based legislatures like the United States Congress , deliberation takes place in closed committees. While legislatures have nominally

897-1250: A partly-appointed Senate and amnesty for the leaders of the 2006 coup. The most recent Constitution went into effect on April 6, 2017. The current constitution, known as the 2017 Constitution, contains a preamble and 16 chapters and transitory provisions: Vajiralongkorn (Rama X) Dipangkorn Rasmijoti Paetongtarn Shinawatra ( PTP ) Phumtham Wechayachai ( PTP ) Suriya Juangroongruangkit ( PTP ) Anutin Charnvirakul ( BTP ) Pirapan Salirathavibhaga ( UTN ) Pichai Chunhavajira ( PTP ) Prasert Jantararuangtong ( PTP ) Wan Muhamad Noor Matha ( PCC ) Mongkol Surasajja [REDACTED] Wan Muhamad Noor Matha ( PCC ) Pichet Chuamuangphan ( PTP ) Paradorn Prissanananthakul ( BTP ) Natthaphong Ruengpanyawut ( PP ) [REDACTED] Mongkol Surasajja Kriangkrai Srirak Bunsong Noisophon President: Chanakarn Theeravechpolkul President: Prasitsak Meelarp President: Nakarin Mektrairat Diplomatic missions of / in Thailand Passport Visa requirements Visa policy Borders : Cambodia Laos Malaysia Myanmar (Maritime : India Indonesia Vietnam) Foreign aid Siam (today known as Thailand ) has had 20 constitutions and charters since

966-526: A single unit is unicameral , one divided into two chambers is bicameral , and one divided into three chambers is tricameral . In bicameral legislatures, one chamber is usually considered the upper house , while the other is considered the lower house . The two types are not rigidly different, but members of upper houses tend to be indirectly elected or appointed rather than directly elected, tend to be allocated by administrative divisions rather than by population, and tend to have longer terms than members of

1035-435: Is indirectly elected within the context of a one-party state . Legislature size is a trade off between efficiency and representation; the smaller the legislature, the more efficiently it can operate, but the larger the legislature, the better it can represent the political diversity of its constituents. Comparative analysis of national legislatures has found that size of a country's lower house tends to be proportional to

1104-471: Is indicative of the degree of political instability 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

1173-414: The 2006 interim constitution promulgated after the army-led September 2006 Thailand coup . The 2007 Constitution was written by a group of drafters appointed by the army-led Council for National Security , but was approved by a public referendum. Prior to the referendum, the military junta passed a law making it illegal to publicly criticize the draft. Controversial features in the constitution included

1242-664: The Americas have more independence in drafting and amending bills. The origins of the power of the purse which legislatures typically have in passing or denying government budgets goes back to the European assemblies of nobility which the monarchs would have to consult before raising taxes. For this power to be actually effective, the legislature should be able to amend the budget, have an effective committee system, enough time for consideration, as well as access to relevant background information. There are several ways in which

1311-656: The Constitutional Court and the National Anti-Corruption Commission, was very high. However, critics complained that the government had sought to politicize the process of appointments to independent agencies. The January 2001 House elections , the first House elections contested under the 1997 constitution, were called the most open, corruption-free elections in Thai history. Political parties were effectively strengthened, and

1380-525: The Election Commissioners were jailed and the election results overturned by the Constitutional Court . The constitution was also criticized for the lack of clarity with which it defines the King's role in politics (see Royal powers and 2006 demand for royal intervention ). The Senate's role in scrutinizing Constitutional Court appointments came under much criticism (see Appointment of

1449-714: The European Union . The upper house may either contain the delegates of state governments – as in the European Union and in Germany and, before 1913, in the United States  – or be elected according to a formula that grants equal representation to states with smaller populations, as is the case in Australia and the United States since 1913. Tricameral legislatures are rare;

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1518-497: The Federal Parliament of Somalia ) tied for least powerful. Some political systems follows the principle of legislative supremacy , which holds that the legislature is the supreme branch of government and cannot be bound by other institutions, such as the judicial branch or a written constitution . Such a system renders the legislature more powerful. In parliamentary and semi-presidential systems of government ,

1587-673: The Massachusetts Governor's Council still exists, but the most recent national example existed in the waning years of White-minority rule in South Africa . Tetracameral legislatures no longer exist, but they were previously used in Scandinavia. The only legislature with a number of chambers bigger than four was the Federal Assembly of Yugoslavia ; initially established as a Pentacameral body in 1963, it

1656-401: The executive is responsible to the legislature, which may remove it with a vote of no confidence . On the other hand, according to the separation of powers doctrine, the legislature in a presidential system is considered an independent and coequal branch of government along with both the judiciary and the executive. Nevertheless, many presidential systems provide for the impeachment of

1725-474: The "people's constitution", was considered a landmark in terms of the degree of public participation involved in its drafting as well as the democratic nature of its articles. It stipulated a bicameral legislature , both houses of which were elected. Many human rights were explicitly acknowledged for the first time, and measures were established to increase the stability of elected governments. The 2007 Constitution of Thailand promulgated in 2007, replacing

1794-639: The 1991 Constitution but was unable to push through further reform. However, it did identify many basic frameworks which would become influential for subsequent political change. After the collapse of the Chuan government, the 1995-1996 government of Banharn Silpa-archa established a Political Reform Committee which amended the Constitution again on 22 October 1996. Efforts to adopt a new constitution gained increasing public support. On 2 November 1995, noted royalist and social critic Dr. Prawase Wasi declared to

1863-444: The 1991 Constitution, and was widely hailed as a landmark in Thai democratic constitutional reform, it represented the most democratic constitution in the nation's history. The Constituent assembly was elected by the National Assembly (Thailand) on 26 December 1996, shortly after 1996 Thai general election . The 1997 constitution was the first constitution to be drafted by a popularly elected Constitutional Drafting Assembly, hence

1932-524: The 1997 constitution continued to rely on the 1924 Palace Law of Succession with regards to succession. The Palace Law was based on primogeniture , and the heir apparent was Prince Vajiralongkorn . As with most post-1974 constitutions, the Privy Council could appoint a princess as successor to the throne, but only in the absence of an heir apparent. Amendment of the Palace Law of Succession was

2001-510: The People's Committee were initially appointed. After 10 years or after half the population had completed primary education , the Assembly would be completely elected. The monarch was not held to be infallible . He had a limited degree of sovereign immunity : although he could not be prosecuted in an ordinary court of law, the Assembly could impeach and try him. The monarch did not have

2070-404: The People's Party made many concessions to the palace in putting together the new government. The premiership and the foreign ministry were given to two hard-line royalists: Phraya Manopakorn Nitithada and Phraya Srivisan Vacha . A total of four members of the People's Committee were royalists who were not part of the People's Party. Of the 70 members of the legislature, less than half came from

2139-413: The People's Party, while the majority were high-ranking officials of the old regime. Despite this, the charter provoked fierce resistance from the palace. The new government reduced the palace budget and passed a taxation law that burdened the kingdom's largest landowners, who were mostly nobles. In September 1932, a senior prince threatened the king's abdication if a permanent constitution did not grant

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2208-549: The absolute monarchy. On 20 June, the remnants of the People's Party military faction seized power and reinstated the legislature. In August 1933, the government began registering candidates for village representatives who would cast votes in indirect elections for half of the legislature. It also started registering candidates for the legislature. Elections in some provinces started in October, but most were held in November. In

2277-702: The amount of political power they wield, compared to other political players such as judiciaries , militaries , and executives . In 2009, political scientists M. Steven Fish and Matthew Kroenig constructed a Parliamentary powers index in an attempt to quantify the different degrees of power among national legislatures. The German Bundestag , the Italian Parliament , and the Mongolian State Great Khural tied for most powerful, while Myanmar's House of Representatives and Somalia's Transitional Federal Assembly (since replaced by

2346-400: The branches of government. Most of them stipulated parliamentary systems , but several of them also called for dictatorships , e.g., the 1957 Charter. Both unicameral and bicameral parliaments have been used, and members of parliament have been both elected and appointed. The direct powers of the monarch have also varied considerably. The 1997 constitution of Thailand , often called

2415-463: The conflict, fled to England a few weeks after the defeat. 1997 constitution of Thailand The Constitution of the Kingdom of Thailand, Buddhist Era 2540 (1997) ( Thai : รัฐธรรมนูญแห่งราชอาณาจักรไทย พุทธศักราช ๒๕๔๐ , RTGS :  Ratthathammanun Haeng Ratcha-anachak Thai Phutthasakkarat Song Phan Ha Roi Si Sip ) was a constitution of Thailand enacted on 11 October 1997 to replace

2484-586: The constitution's successful approval. The draft was approved by the National Assembly with 518 votes for, 16 against, and 17 abstentions. A referendum, called for if the draft was rejected by the National Assembly, was not necessary. The 1997 constitution had 12 Chapters and a section of Transitory Provisions, containing a total of 317 Sections. Compared to previous Thai constitutions , The 1997 constitution had contained several innovations in key areas, including: Like most preceding constitutions,

2553-835: The country. Among the earliest recognised formal legislatures was the Athenian Ecclesia . In the Middle Ages , European monarchs would host assemblies of the nobility, which would later develop into predecessors of modern legislatures. These were often named the Estates . The oldest surviving legislature is the Icelandic Althing , founded in 930 CE. Democratic legislatures have six major functions: representation, deliberation, legislation, authorizing expenditure, making governments, and oversight. There exist five ways that representation can be achieved in

2622-425: The draft. A process of public consultation took place on a nationwide basis. Some clauses, particularly the requirement that all MP's hold bachelor's degrees, the party list system, the Constitutional Court , and decentralisation provoked strong criticism, particularly from smaller parties. The Asian Economic Crisis of 1997 increased public awareness about the need for reform, and has been cited as an impetus for

2691-403: The duration of their entire term, or for just those related to their legislative duties. A legislature may debate and vote upon bills as a single unit, or it may be composed of multiple separate assemblies , called by various names including legislative chambers , debate chambers , and houses , which debate and vote separately and have distinct powers. A legislature which operates as

2760-433: The effective number of parties in the legislature fell dramatically from an average of 6.2 before 1997 to 3.1 in 2001. While the number of parties decreased, remaining parties developed clearer and more distinguishable platforms. The Constitution also weakened the legislative influence of civil servants and local power-brokers and businessmen, while strengthening political parties and professional politicians. Most criticism

2829-486: 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 20 constitutions and charters can be categorized into three groups: On 24 June 1932, the People's Party , a coalition of civil servants, princes, and army officers, seized power in

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2898-421: The executive are also used, particularly for bicameral legislatures featuring an upper house . The name used to refer to a legislative body varies by country. Common names include: By names: By languages: Though the specific roles for each legislature differ by location, they all aim to serve the same purpose of appointing officials to represent their citizens to determine appropriate legislation for

2967-406: The executive for criminal or unconstitutional behaviour. Legislatures will sometimes delegate their legislative power to administrative or executive agencies . Legislatures are made up of individual members, known as legislators , who vote on proposed laws. A legislature usually contains a fixed number of legislators; because legislatures usually meet in a specific room filled with seats for

3036-517: The first Constitutional Court ). The Senate was criticized for its allegedly partisan behavior, with both pro- and anti- government factions being elected in the Senate elections of 2006. Restrictions on campaigning and political party membership for members of the Senate led one commentator to call it a "motley collection of B-list celebrities and D-list hangers-on." In House elections in April 2006 ,

3105-446: The legislators, this is often described as the number of "seats" it contains. For example, a legislature that has 100 "seats" has 100 members. By extension, an electoral district that elects a single legislator can also be described as a "seat", as, for example, in the phrases " safe seat " and " marginal seat ". After election, the members may be protected by parliamentary immunity or parliamentary privilege , either for all actions

3174-436: The legislature can hold the executive branch (the administration or government) accountable. This can be done through hearings, questioning , interpellations , votes of confidence , the formation of committees. Parliaments are usually ensured with upholding the rule of law, verifying that public funds are used accountably and efficiently as well as make government processes transparent and actions so that they can be debated by

3243-406: The lower house. In some systems, particularly parliamentary systems , the upper house has less power and tends to have a more advisory role, but in others, particularly federal presidential systems , the upper house has equal or even greater power. In federations , the upper house typically represents the federation's component states. This is also the case with the supranational legislature of

3312-399: The midst of the elections, in October 1933, royalist factions led by Prince Boworadej and Phraya Sri Sitthi Songkhram led a rebellion against the government. After two weeks of violent fighting, during which Bangkok was bombed and Sri Sitthi Songkhram was killed, the People's Party defeated the rebels. Prince Boworadej fled abroad. Prince King Prajadhipok , who claimed neutrality during

3381-476: The military's supreme commander, and defense permanent secretary. The bicameral Parliament could also select a candidate as Prime Minister who is not one of its members or even a politician. Critics suggest it effectively allows the military to control the government whatever the outcome of subsequent elections. The Rattanakosin Kingdom and the four traditionally counted preceding kingdoms, collectively called Siam , had an uncodified constitution until 1932. In

3450-414: The overthrow of absolute monarchy in 1932. 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

3519-403: The palace greater power. The People's Party, facing an internal power struggle and opposition from the king, promulgated a permanent constitution on 10 December 1932 that gave the monarchy a significant increase in authority compared to the temporary charter. This day, 10 December, is currently celebrated as Constitution Day. The constitution continued to state that sovereign power belonged to

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3588-469: The people of Siam . However, unlike the temporary charter, the monarchy would now be the direct exerciser of that power, rather than the branches of government. This royal power would be exercised by and with the advice and consent of the People's Assembly, the State Council (the cabinet), and the courts. However, the monarchy lacked any say in the composition of any of the branches of government and

3657-479: The powers of the monarch. The charter began by stating that sovereign power belongs to the people of Siam . Empowered to exercise power on behalf of the people were the People's Assembly (the legislature ) a 70-member, all appointed by the Khana Ratsadon, a 15-member People's Committee of Siam (the executive ), the courts of law (the judiciary ), and the monarch. Members of the People's Assembly and

3726-687: The preamble to the Penal Code promulgated 1 April 1908, which came into effect on 21 September, King Chulalongkorn ( Rama V) stated: "In the ancient times the monarchs of the Siamese nation governed their people with laws which were originally derived from the Dhamasustra of Manu , which was then the prevailing law among the inhabitants of India and the neighbouring countries ." The transition from absolute monarchy to constitutional democracy began when King Prajadhipok (Rama VII) agreed to

3795-488: The public and its representatives. Agora notes that parliamentary systems or political parties in which political leaders can influence or decide which members receive top jobs can lead to passivity amongst members of the party and less challenging of leadership. Agora notes that this phenomenon is acute if the election of a member is dependant on the support of political leadership. In contrast to democratic systems, legislatures under authoritarianism are used to ensure

3864-415: The right to grant pardons . Several other features would be mirrored in later constitutions. The monarch would not have an absolute veto . Any law vetoed by the king was sent back to the Assembly, which could approve it with a simple majority . The charter followed the 1924 Palace Law with regards to succession . The Assembly, however, reserved the right to formally approve the successor. In practice,

3933-625: The royal veto could still be overruled. The monarchy was also made "sacred and inviolable", in contrast to the temporary charter. After the new constitution was adopted, a new 20-member cabinet was formed; 10 of whom came from the People's Party. On 7 January 1933, the Nationalist Party ( Thai : คณะชาติ ) was officially registered, with Luang Vichitvadakan, Phraya Thonawanikmontri, and Phraya Senasongkhram as leaders. The People's Party had been officially registered in August 1932. The Assembly

4002-411: The sole power to create laws, the substantive extent of this power depends on details of the political system. In Westminster-style legislatures the executive (composed of the cabinet) can essentially pass any laws it wants, as it usually has a majority of legislators behind it, kept in check by the party whip, while committee-based legislatures in continental Europe and those in presidential systems of

4071-511: The sole prerogative of the reigning King. The 1997 Constitution's successor, the 2006 Interim Constitution , was conspicuous in its failure to mention the matter of succession. The Constitution was called a "revolution in Thai politics... A bold attempt at conferring greater power to the Thai people than had ever been granted before." It was highly praised for the participative process involved in its drafting, its enshrinement of human rights, and its significant advances in political reform. It

4140-400: The stability of the power structure by co-opting potential competing interests within the elites, which they achieve by: Each chamber of the legislature consists of a number of legislators who use some form of parliamentary procedure to debate political issues and vote on proposed legislation. There must be a certain number of legislators present to carry out these activities; this is called

4209-418: The state to promote equal rights between men and women, there was little progress in implementing specific laws to promote equality. In practice only around 10% of MPs and senators are female, and less than 6% of ministers. Only 8.9% of district officers and 2.6% of provincial governors are women. Legislature A legislature is a deliberative assembly with the legal authority to make laws for

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4278-442: The subnational law-making power, as opposed to purely administrative responsibilities. Laws enacted by legislatures are usually known as primary legislation. In addition, legislatures may observe and steer governing actions, with authority to amend the budget involved. The members of a legislature are called legislators. In a democracy, legislators are most commonly popularly elected , although indirect election and appointment by

4347-529: Was adopted in 2017. The 105-page, 279-article proposed constitution was approved by 61.4 percent of Thai voters with 59.4 percent of the public participating. It allows the National Council for Peace and Order (NCPO) to appoint an eight to ten person panel who will choose Senators, and includes six seats reserved for the heads of the Royal Thai Army , Navy , Air Force , and Police , plus

4416-679: Was based on the view that the Constitution was too effective in some of its reforms. One of the members of the Drafting Committee, Amorn Chantarasomboon , claimed that an overly strong and stable government brought on a " tyranny of the majority " and a " parliamentary dictatorship ." Independent agencies like the National Human Rights Commission and the National Anti-Corruption Commission were also criticized as weak and vulnerable to government and court challenges. Following House elections in April 2006 ,

4485-411: Was expanded to 156 members, 76 elected and 76 appointed. On 31 January 1933, the king sent a letter to the premier requesting that all political parties be abolished. On 14 April, the premier disbanded the People's Party. He later adjourned the legislature and reshuffled the leadership of the army, giving leadership to Phraya Phichaisongkhram and Phraya Sri Sithi Songkhram , both military leaders during

4554-541: Was formed with 99 members: seventy-six of them directly elected from each of the provinces and 23 qualified persons short-listed by the Parliament from academia and other sources. Anand Panyarachun , Premier in 1991 under the military regime , was selected as a member of the CDA and appointed Chairman of the Drafting Committee. Political scientists and jurists Chai-Anan Samudavanija , Amorn Chantarasomboon , Uthai Pimchaichon , and Borwornsak Uwanno were key influencers of

4623-479: Was popularly called the " People's Constitution ". The 1997 constitution created a bicameral legislature . For the first time in Thai history, both houses were directly elected . Many human rights are explicitly acknowledged in the text, and measures were established to increase the stability of elected governments. The Constitution was repealed by the Council for Democratic Reform on 19 September 2006 following

4692-519: Was turned into a hexacameral body in 1967. Legislatures vary widely in their size. Among national legislatures , China's National People's Congress is the largest with 2,980 members, while Vatican City 's Pontifical Commission is the smallest with 7. Neither legislature is democratically elected: The Pontifical Commission members are appointed by the Pope and the National People's Congress

4761-559: Was viewed as successful in fostering democratic development and increasing political stability. Its measures to politically empower and protect citizens were also praised. The new constitution was cited for its role in bringing down the Ministers of Public Health and Agriculture during corruption scandals in the government of Chuan Leekpai . There was also praise for the ease with which the constitution could be amended. Public faith in democracy in general, and in constitutional agencies like

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