Journal Article

Constitutional afterlife: The continuing impact of Thailand's postpolitical constitution

Tom Ginsburg

in International Journal of Constitutional Law

Published on behalf of The New York University School of Law

Volume 7, issue 1, pages 83-105
Published in print January 2009 | ISSN: 1474-2640
Published online January 2009 | e-ISSN: 1474-2659 | DOI: http://dx.doi.org/10.1093/icon/mon031
Constitutional afterlife: The continuing impact of Thailand's postpolitical constitution

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Thailand's constitution of 1997 introduced profound changes into the country's governance, creating a “postpolitical” democratic structure in which an intricate array of guardian institutions served to limit the role of elected politicians. Ultimately, the constitutional structure was undermined in a military coup against populist billionaire Thaksin Shinawatra, who had taken over many of the institutions designed to constrain political power. Nonetheless, the 1997 constitution appears to be having a significant afterlife, in that its institutional innovations have survived the enactment of a new Constitution and continue to constrain the political process. This article describes the Thai situation and speculates on the conditions for constitutional afterlife.

Journal Article.  9834 words. 

Subjects: Constitutional and Administrative Law ; UK Politics

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