A Historical-Legal Study on the Principle of the Supremacy of the Constitution of the Kingdom of Thailand

Abstract

          This article aims to study the principle of the supremacy of the Constitution of the Kingdom of Thailand. It explains the concepts, theories, and the development of such principles within the context of Thai law, which is divided into four main parts. The first part discusses the doctrine of constitutional supremacy, which originates from natural law theory, the social contract theory, and the theory of establishing the supreme political authority by Sieyes. The second part presents the methods by which a constitution becomes the supreme law, which can be categorized into four forms: explicit recognition of the constitution as the supreme law; provisions stating that any law contrary to the constitution shall have no legal effect; the establishment of institutions responsible for protecting constitutional supremacy; and the requirement that constitutional amendments must be more difficult than ordinary legislation. The third part addresses the development of the concept of constitution in Thailand before the 1932 regime change. Although a formal constitution had not yet been adopted, efforts were made to lay the foundation for limiting state power and establishing a system of democratic governance.

          The final and most important part presents constitutional provisions on the principle of constitutional supremacy throughout Thai constitutional history. This can be divided into three periods: the first period, in which the principle of constitutional supremacy was not established in the early stage after the 1932 change of government; the second period, in which provisions were introduced stating that any law contrary to the constitution shall have no effect; and the third period, during which the constitutions explicitly affirmed that the constitution is the supreme law, namely the 1997, 2007, and 2017 Constitutions of the Kingdom of Thailand.