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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.
Thailand’s 2023 election results energised some Thais and traumatised others. Voters and analysts alike were astonished that a youthful party aiming to transform the country won the most seats, though not a majority. The Move Forward party wanted to de-militarise society and politics, de-centralise government administration, de-monopolise the economy, and curb the ideological, political, and financial power of the monarchy. For decades, Thai politics had revolved around two big questions: Do you support the charismatic Thaksin Shinawatra and his populist Pheu Thai party? Do you support military supervision of politics? Thaksin and the military—once enemies—now had a common foe. Relying on military-appointed senators, they formed a coalition government that pushed Move Forward into the parliamentary opposition. Move Forward’s challenge is to broaden support for its progressive agenda before the next election. That’s a scary prospect for Thaksin and the military because, according to the current constitution, next time they won’t be able to rely on unelected senators to rescue them. The revised edition of this book describes the historical context of these momentous events and trends and shares insights into the social and cultural undercurrents that shape Thai politics. Informed by the latest research, it is an accessible introduction for the general reader, while also offering much to those who want to know more about Thailand’s political dynamics.
Fighting for Virtue investigates how Thailand's judges were tasked by the late King Bhumibol Adulyadej (Rama IX) in 2006 with helping to solve the country's intractable political problems—and what happened next. Across the last decade of Rama IX's rule, Duncan McCargo examines the world of Thai judges: how they were recruited, trained, and promoted, and how they were socialized into a conservative world view that emphasized the proximity between the judiciary and the monarchy. McCargo delves into three pivotal freedom of expression cases that illuminate Thai legal and cultural understandings of sedition and treason, before examining the ways in which accusations of disloyalty made against controversial former prime minister Thaksin Shinawatra came to occupy a central place in the political life of a deeply polarized nation. The author navigates the highly contentious role of the Constitutional Court as a key player in overseeing and regulating Thailand's political order before concluding with reflections on the significance of the Bhumibol era of "judicialization" in Thailand. In the end, posits McCargo, under a new king, who appears far less reluctant to assert his own power and authority, the Thai courts may now assume somewhat less significance as a tool of the monarchical network.
Provides a detailed analysis of Thailand's political development since 1932, when Thailand became a constitutional monarchy, until the present. It examines the large number of different versions of the constitution which Thailand has had since 1932, and explains why the constitution has been subject to such frequent change, and why there have been so many outbursts of violent, political unrest. It explores the role of the military, and, most importantly, discusses the role of the monarchy, which, as the author shows, has been crucial in holding Thailand together through the various changes of regime. The author brings to light original and largely unseen documents from the Public Records Office and US National Archives, as well as drawing upon her extensive knowledge of politics in Thailand.
This book traces the roots of Thailand's political development from 1932 to the present, accounting for the intervening period's political turmoil.
The first book to provide a broad coverage of Thai legal history in the English language.
This book is open access under a CC BY-NC-ND license. This volume analyzes the economic, social, and political challenges that emerging states confront today. Notwithstanding the growing importance of the ‘emerging states’ in global affairs and governance, many problems requiring immediate solutions have emerged at home largely as a consequence of the rapid economic development and associated sociopolitical changes. The middle-income trap is a major economic challenge faced by emerging states. This volume regards interest coordination for technological upgrading as crucial to avoid the trap and examines how various emerging states are grappling with this challenge by fostering public-private cooperation, voluntary associations of market players, and/or social networks. Social disparity is another serious problem. It is deeply rooted in history in the emerging states such as South Africa and many Latin American countries. However, income distribution is recently deteriorating even in East Asia that was once praised for its high economic growth with equity. Increasing pressure for political opening is another challenge for emerging states. This volume argues that the economic, social, and political problems are interwoven in the sense that the emerging states need to build political consensus in order to tackle the economic and social difficulties. Democratic institutions have not always been successful in this respect.
This book of text, cases and materials from Asia is designed for scholars and students of constitutional law and comparative constitutional law. The book is divided into 11 chapters, arranged thematically around key ideas and controversies, enabling the reader to work through the major facets of constitutionalism in the region. The book begins with a lengthy introduction that critically examines the study of constitutional orders in 'Asia', highlighting the histories, colonial influences, and cultural particularities extant in the region. This chapter serves both as a provisional orientation towards the major constitutional developments seen in Asia – both unique and shared with other regions – and as a guide to the controversies encountered in the study of constitutional law in Asia. Each of the following chapters is framed by an introductory essay setting out the issues and succinctly highlighting critical perspectives and themes. The approach is one of 'challenge and response', whereby questions of constitutional importance are posed and the reader is then led, by engaging with primary and secondary materials, through the way the various Asian states respond to these questions and challenges. Chapter segments are accompanied by notes, comments and questions to facilitate critical and comparative analysis, as well as recommendations for further reading.The book presents a representative range of Asian materials from jurisdictions including: Bangladesh, China, Hong Kong, India, Japan, Mongolia, Nepal, Pakistan, South Korea, Sri Lanka , Taiwan, Timor-Leste and the 10 ASEAN states.
'Perhaps the best introduction yet to the roots of Thailand's present political impasse. A brilliant book.' Simon Long, The Economist Struggling to emerge from a despotic past, and convulsed by an intractable conflict that will determine its future, Thailand stands at a defining moment in its history. Scores have been killed on the streets of Bangkok. Freedom of speech is routinely denied. Democracy appears increasingly distant. And many Thais fear that the death of King Bhumibol Adulyadej is expected to unleash even greater instability. Yet in spite of the impact of the crisis, and the extraordinary importance of the royal succession, they have never been comprehensively analysed – until now. Breaking Thailand's draconian lèse majesté law, Andrew MacGregor Marshall is one of the only journalists covering contemporary Thailand to tell the whole story. Marshall provides a comprehensive explanation that for the first time makes sense of the crisis, revealing the unacknowledged succession conflict that has become entangled with the struggle for democracy in Thailand.
Malaysia's constitution was set at the independence of the Federation of Malaya in 1957 along the lines of the Westminster model, embracing federalism and constitutional monarchy. That it has endured is explained in terms of the social contract agreed between the leaders of the three main ethnic groups (Malay, Chinese, Indian) before independence. However, increasing ethnic tension erupted in violence in 1969, after which the social contract was remade in ways that contradicted the basic assumptions underlying the 1957 Constitution. The outcome was an authoritarian state that implemented affirmative action in an attempt to orchestrate rapid economic development and more equitable distribution. In recent years constitutionalism, as enshrined in the 1957 Constitution but severely challenged during the high-authoritarianism of Prime Minister Tun Dr Mahathir Mohamad's developmental state, has become increasingly relevant once again. However, conflict over religion has replaced ethnicity as a source of discord. This book examines the Malaysian approach to constitutional governance in light of authoritarianism and continuing inter-communal strife, and explains the ways in which a supposedly doomed colonial text has come to be known as 'our constitution'.