Page 88 - -25-0508(ALLs)

The International Journal of the Royal Society of Thailand

Volume XVI-2024 (Special Issue)

officers to support His Majesty the King’s visits to Thai citizens across the country and to strengthen

Thailand’s position in international affairs. These actions by His Majesty the King played a crucial
role in shielding Thailand from the spread of communism that affected neighboring Laos,

Cambodia, and Vietnam.
Thailand has faced 13 coups and threats from communism, two world wars, and other

challenges. While the effectiveness of its governing leader is notable, the most important
component has been the continuity of the monarchy, which remains the central unifying force

for the entire Thai Nation.
In the Constitution of the Kingdom of Thailand B.E. 2517 (in 1974), there was an attempt

to enhance royal power by allowing the King to select and appoint senators, similar to the
provisions in the Constitution of the Kingdom of Thailand B.E. 2492. However, His Majesty the King

rejected this proposal, as it could compromise his neutral stance in politics. Mom Rajawongse
Kukrit Pramoj, Speaker of the House of Representatives of Thailand, addressed this by ensuring

that the government would first provide advice to the King regarding the appointment of senators.
The Constitution of the Kingdom of Thailand B.E. 2534 (in 1991), primarily addressed the

issue of succession to the throne under the Palace Law, succession previously required approval
from the House of Representatives or Parliament, as outlined in earlier constitutions. However,

this was the first time the King was allowed to designate an heir without needing parliamentary
approval, thought the parliament had to be informed of the designation. If no heir had been

previously designated, any future appointment of an heir would require parliamentary consent.
The revision of Palace Law regarding succession to the throne previously followed

the same process as amending the Constitution of the Kingdom of Thailand. Nevertheless,
the Constitution of the Kingdom of Thailand B.E. 2534 allowed the King to revise the Palace Law

through a process where the Privy Council would draft and submit the revision for the King’s
consideration, after which he would affix his Royal signature.

The Constitutions of the Kingdom of Thailand B.E. 2540 and B.E. 2560 added the Chapter
forbidding any revision or addition upon “the democratic regime of government with the King as

Head of State.”
In summary, the twenty Constitutions of the Kingdom of Thailand B.E. 2475 to B.E. 2560

raise the question of where sovereignty resides. However, it has been well documented from
1932 to 1991 that the sovereignty belongs to the Thai people or “sovereignty emanates from

the people.” The King as Head of State shall exercise such power in accordance with the
constitution. According to the theory of sovereignty by Siéyès, such power belongs to the nation,

rather than to the people as suggested by Jean-Jacques Rousseau. According to the last

81

7/7/2568 BE 15:17
-25-0508(001)P5.indd 81 7/7/2568 BE 15:17
-25-0508(001)P5.indd 81