Societal Constitutionalism: Constitutional Making from Below

Abstract

This study examines the phenomenon of the people’s movement in Thailand, which seeks to address national issues through an urgent constitution-making process. The research focuses on two main aspects: The relationship between the constitution and people’s lives and the constitution-making process driven by people’s movements, resulting in the “People's Constitution.” The study found that the promulgation of the Constitution of the Kingdom of Thailand B.E. 2560 has impacted people’s daily lives, affecting their rights and freedoms, inequality, discrimination, and the unequal distribution of resources. The movement for a people's constitution emerged from the everyday problems people experience due to governmental policies and measures. This movement directly opposes the political status quo following the coup d'état, bringing together diverse social groups, including marginalized communities, by linking their daily issues with constitutional provisions. It is grounded in three core principles: 1) advocating for the rights, freedoms, and equality of Thai people, 2) pushing for reform of social institutions, and 3) seeking principles to address social inequality. This constitution-writing effort from below is initiated by people without state power, involving ten social identity groups and 118 organizations that collectively drafted a new constitution, which was presented to political parties and the government. Each organization advocated for amendments aligned with their specific issues, forming a continuous social movement.