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Volumn 48, Issue 3, 2008, Pages 373-392

The paradox of thailand's 1997 "people's constitution": Be careful what you wish for

Author keywords

Constitution; Democracy; Political parties; Thailand; Thaksin Shinawatra

Indexed keywords

CONSTITUTIONAL REFORM; DEMOCRACY; MILITARY INTERVENTION; PARTY POLITICS; POLITICAL REFORM;

EID: 48949116589     PISSN: 00044687     EISSN: 1533838X     Source Type: Journal    
DOI: 10.1525/as.2008.48.3.373     Document Type: Article
Times cited : (68)

References (42)
  • 1
    • 48949112758 scopus 로고    scopus 로고
    • Two Stories on the Origins of Thai Democracy
    • Bangkok, July 24
    • "Two Stories on the Origins of Thai Democracy," The Nation [Bangkok], July 24, 2006.
    • (2006) The Nation
  • 2
    • 48949112727 scopus 로고    scopus 로고
    • Coup d'Etat in Thailand
    • See the official announcement of the coup group, initially called the Democratic Reform Council, September 20
    • See the official announcement of the coup group, initially called the Democratic Reform Council, in "Coup d'Etat in Thailand," Bangkok Post, September 20, 2006.
    • (2006) Bangkok Post
  • 3
    • 48949112752 scopus 로고    scopus 로고
    • Its Case for the Coup
    • See also, November 22
    • See also "CNS Makes Its Case for the Coup," The Nation, November 22, 2006.
    • (2006) The Nation
    • Makes, C.N.S.1
  • 4
    • 48949112759 scopus 로고    scopus 로고
    • The Council for National Security's White Paper explaining its motives for launching the coup is reproduced in ibid, November 27
    • The Council for National Security's White Paper explaining its motives for launching the coup is reproduced in ibid., November 27, 2006.
    • (2006)
  • 5
    • 48949112768 scopus 로고    scopus 로고
    • Thailand's Parliament is bicameral, with a lower house, the House of Representatives, and an upper house, the Senate.
    • Thailand's Parliament is bicameral, with a lower house, the House of Representatives, and an upper house, the Senate.
  • 6
    • 48949112892 scopus 로고    scopus 로고
    • A 5% threshold means that a party must receive at least 5% of total votes in order to be allotted seats in Parliament. A single-member district is one where only one seat is contested per district, as opposed to a multi-member district where several seats may be contested. The 90-day rule is a rule that stipulates that a member of Parliament (MP) has to be part of a political party for at least 90 days before registration for the next election.
    • A 5% threshold means that a party must receive at least 5% of total votes in order to be allotted seats in Parliament. A single-member district is one where only one seat is contested per district, as opposed to a multi-member district where several seats may be contested. The 90-day rule is a rule that stipulates that a member of Parliament (MP) has to be part of a political party for at least 90 days before registration for the next election.
  • 7
    • 48949112908 scopus 로고    scopus 로고
    • Institutionalization is the process by which institutions and procedures gain value and stability. See the seminal work by Samuel P. Huntington, Political Order in Changing Societies (New Haven, Conn.: Yale University Press, 1968)
    • Institutionalization is the process by which institutions and procedures gain value and stability. See the seminal work by Samuel P. Huntington, Political Order in Changing Societies (New Haven, Conn.: Yale University Press, 1968)
  • 8
    • 48949112764 scopus 로고    scopus 로고
    • and Scott Mainwaring and Timothy Scully, eds., Building Democratic Institutions: Party Systems in Latin America (Stanford, Calif.: Stanford University Press, 1995).
    • and Scott Mainwaring and Timothy Scully, eds., Building Democratic Institutions: Party Systems in Latin America (Stanford, Calif.: Stanford University Press, 1995).
  • 9
    • 48949112782 scopus 로고    scopus 로고
    • TRT went down to 375 after it lost two by-elections.
    • TRT went down to 375 after it lost two by-elections.
  • 10
    • 0036805446 scopus 로고    scopus 로고
    • Democracy under Stress in Thaksin's Thailand
    • October
    • Duncan McCargo, "Democracy under Stress in Thaksin's Thailand," Journal of Democracy 13:4 (October 2002), pp. 112-26.
    • (2002) Journal of Democracy , vol.13 , Issue.4 , pp. 112-126
    • McCargo, D.1
  • 11
    • 48949112905 scopus 로고    scopus 로고
    • An exception is Paul Chambers, who addresses Thaksin's rise to power as well as his ability to monopolize power. See Evolving toward What? Parties, Factions, and Coalition Behavior in Thailand Today, Journal of East Asian Studies 5:3 September-December 2005, pp. 495-520
    • An exception is Paul Chambers, who addresses Thaksin's rise to power as well as his ability to monopolize power. See "Evolving toward What? Parties, Factions, and Coalition Behavior in Thailand Today," Journal of East Asian Studies 5:3 (September-December 2005), pp. 495-520.
  • 12
    • 0141872060 scopus 로고    scopus 로고
    • Arguments that emphasize the role of the financial crisis in paving Thaksin's path to power include the following: James Ockey, Change and Continuity in the Thai Political Party System, Asian Survey 43:4 (July/August 2003), pp. 663-80
    • Arguments that emphasize the role of the financial crisis in paving Thaksin's path to power include the following: James Ockey, "Change and Continuity in the Thai Political Party System," Asian Survey 43:4 (July/August 2003), pp. 663-80
  • 13
    • 12144251600 scopus 로고    scopus 로고
    • Crafting Thailand's New Social Contract
    • and Kevin Hewison, "Crafting Thailand's New Social Contract," Pacific Review 17:4 (2004), pp. 503-22.
    • (2004) Pacific Review , vol.17 , Issue.4 , pp. 503-522
    • Hewison, K.1
  • 14
    • 48949112776 scopus 로고    scopus 로고
    • Studies that put considerable importance on wealth and business networks are the following: Pasuk Phongpaichit and Chris Baker, Thaksin: The Business of Politics in Thailand (Chiang Mai: Silkworm Books, 2004)
    • Studies that put considerable importance on wealth and business networks are the following: Pasuk Phongpaichit and Chris Baker, Thaksin: The Business of Politics in Thailand (Chiang Mai: Silkworm Books, 2004)
  • 16
    • 48949112780 scopus 로고    scopus 로고
    • The case for the Constitution propelling Thaksin to power is made in Allen Hicken, Party Fabrication: Constitutional Reform and the Rise of Thai Rak Thai, Journal of East Asian Studies 6:3 (September-December 2006), pp. 381-407.
    • The case for the Constitution propelling Thaksin to power is made in Allen Hicken, "Party Fabrication: Constitutional Reform and the Rise of Thai Rak Thai," Journal of East Asian Studies 6:3 (September-December 2006), pp. 381-407.
  • 17
    • 85050172478 scopus 로고    scopus 로고
    • Institutional Incentives and Informal Local Political Groups (Phuak) in Thailand: Comments on Allen Hicken and Paul Chambers
    • and the replies by Hicken and Chambers in the same issue. See, January-April
    • See Michael H. Nelson, "Institutional Incentives and Informal Local Political Groups (Phuak) in Thailand: Comments on Allen Hicken and Paul Chambers," ibid., 7:1 (January-April 2007), pp. 125-47, and the replies by Hicken and Chambers in the same issue.
    • (2007) The Thaksinization of Thailand , vol.7 , Issue.1 , pp. 125-147
    • Nelson, M.H.1
  • 18
    • 48949112783 scopus 로고    scopus 로고
    • Prawase Wasi narrates his personal account of how the reform process began in An Overview of Political Reform, in Duncan McCargo, ed., Reforming Thai Politics (Copenhagen: NIAS Press, 2002), pp. 21-27.
    • Prawase Wasi narrates his personal account of how the reform process began in "An Overview of Political Reform," in Duncan McCargo, ed., Reforming Thai Politics (Copenhagen: NIAS Press, 2002), pp. 21-27.
  • 19
    • 48949112920 scopus 로고    scopus 로고
    • Michael Kelly Connors, Framing the 'People's Constitution', in ibid., pp. 37-55, at p. 43.
    • Michael Kelly Connors, "Framing the 'People's Constitution'," in ibid., pp. 37-55, at p. 43.
  • 20
    • 48949112785 scopus 로고    scopus 로고
    • Other agencies comprised the Parliamentary Ombudsman, the National Human Rights Commission, and the Public Finance Audit Commission
    • Other agencies comprised the Parliamentary Ombudsman, the National Human Rights Commission, and the Public Finance Audit Commission.
  • 21
    • 48949112898 scopus 로고    scopus 로고
    • The role of the Block Vote and its effect is explained in Allen Hicken, Thailand: Combating Corruption through Electoral Reform, in Andrew Reynolds, Ben Reilly, and Andrew Ellis, Electoral System Design: The New International IDEA Handbook (Stockholm: International Institute for Democracy and Electoral Assistance, 2005), pp. 105-07.
    • The role of the Block Vote and its effect is explained in Allen Hicken, "Thailand: Combating Corruption through Electoral Reform," in Andrew Reynolds, Ben Reilly, and Andrew Ellis, Electoral System Design: The New International IDEA Handbook (Stockholm: International Institute for Democracy and Electoral Assistance, 2005), pp. 105-07.
  • 22
    • 48949112757 scopus 로고    scopus 로고
    • A classic, almost comic, example of the emptiness of party labels is provided by Sombat: In 1986, three prominent candidates from different parties competing in the same constituency in the province of Phitsanulok shared a campaign billboard, complete with a common slogan. See Sombat Chantornvong, The 1997 Constitution and the Politics of Electoral Reform, in McCargo, ed., Reforming Thai Politics, pp. 203-22, at p. 222, fn. 8.
    • A classic, almost comic, example of the emptiness of party labels is provided by Sombat: In 1986, three prominent candidates from different parties competing in the same constituency in the province of Phitsanulok shared a campaign billboard, complete with a common slogan. See Sombat Chantornvong, "The 1997 Constitution and the Politics of Electoral Reform," in McCargo, ed., Reforming Thai Politics, pp. 203-22, at p. 222, fn. 8.
  • 23
    • 3242685349 scopus 로고    scopus 로고
    • Thailand's House Elections of 6 January 2001: Thaksin's Landslide Victory and Subsequent Narrow Escape
    • See, idem, ed, Bangkok: King Prajadhipok's Institute and White Lotus Press
    • See Michael H. Nelson, "Thailand's House Elections of 6 January 2001: Thaksin's Landslide Victory and Subsequent Narrow Escape," in idem., ed., Thailand's New Politics: KPI Yearbook 2001 (Bangkok: King Prajadhipok's Institute and White Lotus Press, 2001), pp. 283-441.
    • (2001) Thailand's New Politics: KPI Yearbook 2001 , pp. 283-441
    • Nelson, M.H.1
  • 24
    • 48949112778 scopus 로고    scopus 로고
    • Thailand's shift from a minimum winning coalition to a grand coalition is analyzed in Ockey, Change and Continuity in the Thai Political Party System.
    • Thailand's shift from a minimum winning coalition to a grand coalition is analyzed in Ockey, "Change and Continuity in the Thai Political Party System."
  • 25
    • 33846545378 scopus 로고    scopus 로고
    • From Westminster to Washington
    • April 25
    • Chang Noi, "From Westminster to Washington," The Nation, April 25, 2005.
    • (2005) The Nation
    • Noi, C.1
  • 26
    • 48949112714 scopus 로고    scopus 로고
    • For an excellent analysis of factions and their decline under Thaksin, see
    • For an excellent analysis of factions and their decline under Thaksin, see Chambers, "Evolving toward What?"
    • Evolving toward What
    • Chambers1
  • 27
    • 48949112753 scopus 로고    scopus 로고
    • Despite the calls by MPs for the 90-day rule to be discarded, it is not completely clear that this rule has really hindered politicians from bolting out the door. The planned October 15, 2006, election (which was made irrelevant after the September coup) was called on May 31, giving MPs enough time to switch, but surprisingly, most did not. Quite notably, the Wang Nam Yom faction, which had been threatening to leave TRT, did not do so. This can be explained by the fact that TRT remains a highly popular party, and party members know that were they to go off on their own they would not benefit from the financial backing that Thaksin provides for this party nor would they gain from Thaksin's popularity in the countryside.
    • Despite the calls by MPs for the 90-day rule to be discarded, it is not completely clear that this rule has really hindered politicians from bolting out the door. The planned October 15, 2006, election (which was made irrelevant after the September coup) was called on May 31, giving MPs enough time to switch, but surprisingly, most did not. Quite notably, the Wang Nam Yom faction, which had been threatening to leave TRT, did not do so. This can be explained by the fact that TRT remains a highly popular party, and party members know that were they to go off on their own they would not benefit from the financial backing that Thaksin provides for this party nor would they gain from Thaksin's popularity in the countryside.
  • 28
    • 48949112904 scopus 로고    scopus 로고
    • The EC had initially sought to disqualify Senate candidates accused of cheating, but the Constitutional Court overruled the Commission's authority, claiming that it could only suspend but not disqualify.
    • The EC had initially sought to disqualify Senate candidates accused of cheating, but the Constitutional Court overruled the Commission's authority, claiming that it could only suspend but not disqualify.
  • 29
    • 1542661777 scopus 로고    scopus 로고
    • Thailand's January 2001 General Elections: Vindicating Reform?
    • idem, ed, at p
    • Duncan McCargo, "Thailand's January 2001 General Elections: Vindicating Reform?" in idem., ed., Reforming Thai Politics, pp. 247-59, at p. 249.
    • Reforming Thai Politics
    • McCargo, D.1
  • 30
    • 48949112781 scopus 로고    scopus 로고
    • Charter's Ideals Fine, but System of Senate Election Must Change
    • April 23
    • "Charter's Ideals Fine, but System of Senate Election Must Change," The Nation, April 23, 2006.
    • (2006) The Nation
  • 31
    • 48949112895 scopus 로고    scopus 로고
    • August 2
    • Ibid., August 2, 1997,
    • (1997)
  • 32
    • 48949112893 scopus 로고    scopus 로고
    • quoted in John Laird, Money Politics, Globalization, and Crisis: The Case of Thailand (Singapore: Graham Brash, 2000), p. 183.
    • quoted in John Laird, Money Politics, Globalization, and Crisis: The Case of Thailand (Singapore: Graham Brash, 2000), p. 183.
  • 33
    • 48949112890 scopus 로고    scopus 로고
    • Pasuk and Baker, Thaksin, p. 175.
    • Pasuk and Baker, Thaksin, p. 175.
  • 34
    • 48949112903 scopus 로고    scopus 로고
    • Ibid.
  • 35
    • 48949112909 scopus 로고    scopus 로고
    • Ibid., p. 174.
  • 36
    • 48949112784 scopus 로고    scopus 로고
    • Rodney Tasker, a veteran journalist of Thailand, notes that General Sonthi and his fellow coup-plotters launched this coup largely to restore democracy under constitutional monarchy rather than for political self-interest. See Rodney Tasker, Why This Military Coup Is Different, Asia Times Online, October 19, 2006, . Many analysts were, however, skeptical early on about whether the military would restore democracy.
    • Rodney Tasker, a veteran journalist of Thailand, notes that General Sonthi and his fellow coup-plotters launched this coup largely to restore democracy under constitutional monarchy rather than for political self-interest. See Rodney Tasker, "Why This Military Coup Is Different," Asia Times Online, October 19, 2006, . Many analysts were, however, skeptical early on about whether the military would restore democracy.
  • 37
    • 48949112894 scopus 로고    scopus 로고
    • See Academics Divided over Junta Giving up Power, The Nation, October 19, 2006.
    • See "Academics Divided over Junta Giving up Power," The Nation, October 19, 2006.
  • 38
    • 48949112738 scopus 로고    scopus 로고
    • CDA Votes to Select PM from MPs,
    • June 25
    • "CDA Votes to Select PM from MPs," ibid., June 25, 2007.
    • (2007)
  • 39
    • 48949112787 scopus 로고    scopus 로고
    • The judges themselves appear unhappy with this prospect. See Judiciary Opposed to Being Nudged from Bench to Soap Box, ibid., June 17, 2007.
    • The judges themselves appear unhappy with this prospect. See "Judiciary Opposed to Being Nudged from Bench to Soap Box," ibid., June 17, 2007.
  • 40
    • 48949112899 scopus 로고    scopus 로고
    • People's Views to Be Sought on 20 Issues,
    • See, February 6
    • See "People's Views to Be Sought on 20 Issues," Bangkok Post, February 6, 2007.
    • (2007) Bangkok Post
  • 41
    • 48949112891 scopus 로고    scopus 로고
    • Referendum Leaves Thailand Deeply Divided
    • August 20
    • "Referendum Leaves Thailand Deeply Divided," The Nation, August 20, 2007.
    • (2007) The Nation
  • 42
    • 48949112915 scopus 로고    scopus 로고
    • TRT was dissolved and its executives banned in May 2007 in a ruling by the Constitutional Tribunal stemming from electoral fraud committed during the April 2006 polls.
    • TRT was dissolved and its executives banned in May 2007 in a ruling by the Constitutional Tribunal stemming from electoral fraud committed during the April 2006 polls.


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