Page 89 - -25-0508(ALLs)
P. 89
The International Journal of the Royal Society of Thailand
Volume XVI-2024 (Special Issue)
three constitutions B.E. 2440, B.E. 2550, and B.E. 2560, it said the sovereignty belongs to
the Thai people, and the King exercises such power through the National Assembly, the Council
of Ministers and the Courts in accordance with the provisions of the Constitution.
Nevertheless, at the time of coup d’etat, the constitution is typically repealed by the de
facto power as described in 1947 by “drosophila,” a pen name used by Mom Rajawongse Seni
Pramoj, the renowned professor, politician, and the former Prime Minister. In previous coups
since 1932, a series of revolutionary proclamations were issued. However, when it came time
to establish a new constitution, those in power sought the King’s involvement to exercise the
sovereignty, legalize the revolutionary decrees, and restore the constitution.
We can conclude that the important principle of Constitutional Monarchy in the current
Constitution of the Kingdom of Thailand B.E. 2560 is outlined in Chapter 8 similar to that of other
countries. The King exercises his royal prerogative to rule the country through the advice and
approval of the House of Representatives or the Council of Ministers. The King does not hold
direct power under the principle that “the King can do no wrong;” all actions are carried out by
those who countersign. The King remains bound by the constitution at all times.
However, the governing tradition in Thailand set its system apart from the constitutional
monarchies in the other 42 countries since 1932. Thailand has been under constitutional
monarchy for 92 years, with 70 of those years falling under the reign of His Majesty King Rama IX.
Governing Tradition No. 1: The Royal prerogative to establish constitution. The King
possesses constituent power, a power that has belonged to the King and the Thai people since
1997. It is clear that the public has the right to vote on whether to accept the constitution.
However, once the constitution is accepted by the people, the King retains the ability to
propose revisions, meaning he still holds the prerogative to establish a proper constitution.
Unlike ceremonial monarchs in some countries, the King’s role in Thailand remains active and
significant in this process.
Governing Tradition No. 2: The King does not directly exercise his power in politics but
he still has prerogative to any activity according to governing tradition. The King exercises
the sovereign power through the National Assembly, the Council of Ministers and the Courts
in accordance with the provisions of the Constitution. Nevertheless, the King retains his
prerogative and uses it in conjunction with his Royal status, creating a uniqueness of Thai
democracy as De Facto Constitutional Monarchy. In addition to the three rights formed in the
constitutional monarchies like those of Great Britain or Scandinavia–the right to be consulted,
the right to encourage, and the right to warn–His Majesty King Rama IX effectively and seriously
82
7/7/2568 BE 15:17
-25-0508(001)P5.indd 82 7/7/2568 BE 15:17
-25-0508(001)P5.indd 82

