Thailand's persistent political instability
Thailand, a constitutional monarchy, has a unique political landscape that is heavily influenced by an unelected establishment consisting of the military, judiciary, and the royal family. This establishment has played a significant role in shaping the country's political trajectory, often overriding the results of regular elections.
The Constitutional Court, a key institution in Thailand's political system, has been at the centre of many political controversies. Its legitimacy is based on its perception as a moral vanguard protecting Thailand's institutions against democratic excesses. However, its tendency to side with establishment interests in its rulings is already ingrained in its practices.
The court has a history of dissolving political parties, many of them popular and pro-democracy. Since its establishment in 1997, it has dissolved 111 political parties. The Thai Rak Thai Party, founded by Thaksin Shinawatra, was one such party dissolved in 2007 for electoral fraud. Its successor, the People's Power Party, met a similar fate in the same year. The Shinawatra family, including Paetongtarn Shinawatra, has been a central figure in Thai politics for the past 20 years.
The court has also played a decisive role in the ousting of several prime ministers. Every prime minister brought before the Constitutional Court, except for Gen Prayut Chan-o-cha, has been removed. In 2008, Samak Sundaravej was removed from the prime ministership due to a court ruling for violating the constitution by hosting a television cooking show. His successor, Somchai Wongsawat, and his political party were also removed and dissolved for electoral fraud. In 2014, Yingluck Shinawatra was removed as prime minister on charges of abuse of power, and in 2020, the Future Forward Party was dissolved on charges of taking an illegal loan from its leader.
The Constitutional Court's decision about Paetongtarn Shinawatra's fate as prime minister is pending. The decision about the future of the government in 2023 was made by the Pheu Thai Party (PP), which expected to remain the strongest party and potentially form the government again, while the Move Forward Party, its successor, was facing dissolution. The Supreme Court's decisions and political maneuvers also played a crucial role in this process before the Move Forward Party was dissolved.
It is worth noting that most judges in the Constitutional Court were appointed or had their tenure extended under military-led, conservative-leaning governments. This raises questions about the independence of the court and its ability to deliver impartial judgments.
Thailand's political landscape has been marked by over a dozen coups since the end of absolute monarchy in 1932. The latest coup occurred in 2014, leading to the rise of Gen Prayut Chan-o-cha as prime minister. The Constitutional Court, despite its controversial role, continues to play a significant role in shaping Thailand's political future.
In 2019, the Thai Raksa Chart Party, a party linked to Thaksin, was dissolved for "acting in a manner hostile to the constitutional monarchy". This further illustrates the court's stance on matters related to the royal family and its commitment to upholding the status quo.
The Constitutional Court in Thailand is known for delivering rulings that align with the interests of the establishment. This has led to criticism from pro-democracy advocates who argue that the court is not doing enough to protect democratic principles and ensure a level playing field for all political parties.
Despite these challenges, Thailand's political landscape continues to evolve, with new parties emerging and old alliances shifting. Whether the Constitutional Court will continue to play a dominant role in shaping the country's political future remains to be seen.
