The constitutional system of Thailand : a contextual analysis.

Format:

Book

Author/Creator:

Harding, Andrew.

Contributor:

Charles H. Maxson Fund.

Series:

Constitutional systems of the world

Language:

English

Place of Publication:

Oxford ; Portland, Or. : Hart Pub, 2011.

Summary:

"This book assesses the attempt to establish a modern system of democratic government in Thailand against the background of Thai politics and culture. The fact that since 1932, when it became a constitutional monarchy, Thailand has had 18 constitutions speaks of an unstable political system which has seen rapid and repeated fluctuations between military rule and elected government. The main focus of this study is a critical discussion of the institutional frameworks which have been established under recent constitutions. Individual chapters deal with: Thai history and context, including the role of the monarchy and the military, and of constitutional drafting processes; parliament and elections; the executive branch of government, including the role of ministers, the civil service, of a contracting state and of anti-corruption initiatives; the structure and challenges of local government, including discussion of the southern insurgency; the Constitutional Court and constitutional enforcement; the constitutional role of administrative law and of the administrative courts; the constitutional protection of human rights, with freedom of speech as a particular case study." -- Publisher's information.

Contents:

1 Historical Analysis and Contemporary Issues in Thai Constitutionalism 1

I Introduction 1

II Legal and Constitutional History before 1932 2

III The 1932 Revolution 10

IV Constitutional Developments Post-war 14

V The Continuing Struggle for Democratic Constitutionalism 18

VI The Drafting of the 1997 and 2007 Constitutions 22

VII Why has the coup / constitutions cycle continued? 26

VIII Role of the Monarchy and the Military in the Thai Policy 29

IX Conclusion 33

Further reading 35

2 The National Assembly, Elections and the Political Process 37

I Introduction 37

II The Making of the Contemporary Legislature 38

III The Electoral System 41

IV Thailand's Two Democracies 46

V Electoral Malpractice and Political Culture 49

VI Political Parties: Funding and Regulation 51

VII The Election Commission of Thailand 57

A Role of the ECT 57

B Selection of Commissioners 58

C Powers and duties of the ECT 60

D Performance of the ECT 63

VIII The National Assembly: Procedure and Powers 67

A Ordinary bills 69

B Organic law bills 71

C Money bills 72

D State administration bills 73

IX Accountability of the Executive Before the Legislature 74

X Bicameralism and the Senate 79

XI Conclusion 81

Further reading 82

3 The Executive Branch of Government 85

I Introduction 85

II The Formation and Succession of Governments 86

III Parliamentary Scrutiny of the Executive 88

IV Directive Principles as a Constraint on Government 90

V Thailand's Civil Service 92

A History 92

B Modernisation and marketisation under Thaksin 96

C The contemporary Civil Service 100

VI Accountability and Thailand's Contracting State 103

A Public procurement 104

B Privatisation of State assets 105

VII Freedom of Information 106

VIII Anti-corruption Strategies and the Civil Service 108

IX The Throne and the Armed Forces 111

X Emergency Powers 113

XI Conclusion 119

Further reading 120

4 Local Democracy, Southern Insurgency and Territorial Division of Power in Thailand 121

I Introduction 121

II Centralisation and the Evolution of the Thai State 123

III The Structure of Local Government 124

IV Local Government Finance 127

V Decentralisation and Participation 129

A Local administration 129

B Decentralisation: subsidiarity Thai-style or devolution? 131

C Decentralisation: policy initiatives 134

D Public participation 135

VI Promoting Good Local Governance 139

A Elimination of corruption 139

B Ethical standards and declaration of assets 141

VII The Troubles in Thailand's Southern Provinces 142

VIII The South under Thaksin 147

IX Devolution for the South? 153

X Conclusion 156

Further reading 157

5 The Constitutional Court and Constitutional Review 159

I Introduction 159

II The Constitutional Court Under the 1997 Constitution 161

III The Constitutional Court Under the 2007 Constitution 164

IV Powers of the Constitutional Court Under the 1997 and 2007 Constitutions 165

V Appointments 166

VI Gateways 169

VII Interpretation 171

VIII The Criminal Law, the NACC and the Fight Against Corruption 172

IX Thailand's Constitutional Jurisprudence 176

A Human rights cases 176

B Cases concerning corruption 180

C Election cases 182

D Cases concerning powers of economic regulation 183

E Cases concerning appointment processes 185

F Politically sensitive cases in the 2007 Court 186

X Conclusion 187

Further reading 188

6 Administrative Justice 189

I Introduction 189

II The Council of State and the Origins of Administrative Justice 191

III The Administrative Courts 195

A The independence of the Administrative Courts 196

B Characteristics of the Administrative Courts 198

C The performance of the Administrative Courts and the wider role of administrative law in Thailand 201

D Prominent Court decisions 202

IV The Office of the Thai Ombudsman 209

A Introduction 209

B Remedial action and the Thai Ombudsmen 212

V Conclusion 214

Further reading 215

7 Human Rights 217

I Introduction 217

II Historical and Cultural Context of Human Rights 218

III Human Rights Under the 1997 and 2007 Constitutions 222

IV The National Human Rights Commission 226

V Human Rights and the Southern Conflict 229

VI The Broadcast Media, Conflict of Interest and Freedom of Speech 232

VII The Lèse-Majesté Law 237

A Current application of lèse-majesté 241

B Human rights and lèse-majesté 245

VIII Conclusion 248

Further reading 249

8 Conclusion: Reflections on the Thai Constitutional Landscape 251.

Local Notes:

Acquired for the Penn Libraries with assistance from the Charles H. Maxson Fund.

ISBN:

9781841139722

1841139726

OCLC:

630453282

Publisher Number:

99982118814