Page 60 - ดุลพาห เล่ม3.indd

ดุลพาห

Thaksin Shinawatra in 2006. Since then, Thailand had gone through three versions
8
of the Constitution (two of which were provisional) until the current edition came

into force in mid-2016 after it was “democratically legitimized” by a popular
referendum, the result of which showed the over 60 percent approval from the

turnout of 59.4 per cent of the total eligible voters. 9

There are three main components of the Constitution that either provide a

foundation for meaningful public participation or empower the people to be proactive in
engaging with the policy making process that will directly affect their own interests.

First, the Constitution guarantees the most fundamental rights and
liberties for all Thai people. This constitutional component should be read as a
10
shield or a defensive protection against potential encroachment by not only the
State but also other private actors. A wrongful infringement of individual rights

and civil liberties gives the injured party an actionable ground to argue before the
Court of Law. In general, all individuals are equal before law and free to pursue all
11
earthly objectives as he or she sees fit, including the right to life , freedoms
12

8. More on the political unrest in Thailand. See generally the followings: Duncan McCargo, “Network
Monarchy and Legitimacy Crises in Thailand”, The Pacific Review, 18(4): 499-519, January 2006;
Paul Chambers, “Military “Shadows” in Thailand Since the 2006 Coup”, Asian Affairs: An American
Review, Vol.40, 2013 Issue 2; James Ockey, “Thailand’s “Professional Soldiers” and Coup-Making:
The Coup of 2006”, Crossroads: An Interdisciplinary Journal of Southeast Asian Studies, Vol.19, No.1
(2007), 95-127. Duncan McCargo, “the Last Gasp of Thai Paternalism”, The New York Times,
Opinion Section, December 19, 2013.
th
9. Mongkol Bangprapa, “Official Charter Referendum Figures Posted”, Bangkok Post, August 11 , 2016.
10. Chapter 3 (Articles 25-49), The Constitution of the Kingdom of Thailand. The unofficial translation
is available at <http://www.krisdika.go.th/wps/wcm/connect/d230f08040ee034ca306af7292cbe309/

CONSTITUTION+OF+THE+KINGDOM+OF+THAILAND+%28B.E.+2560+%282017%29%29.pdf?
MOD=AJPERES&CACHEID=d230f08040ee034ca306af7292cbe309>. Accessed on August 24 , 2018.
th
11. Section 27, the Constitution.
12. Sections 28, 29, 32, 33, 37, and 38, the Constitution.

กันยายน - ธันวาคม ๒๕๖๑ 49