Politics of Unconstitutional Constitutional Amendments: The Case of Thailand

Abstract

The idea of unconstitutional constitutional amendment has diffused globally as a part of constitution-making and as a judicial doctrine. Yet, unconstitutional constitutional amendment is more than an issue of constitutional design and constitutional review. This contribution considers whether the inquiry into unconstitutional constitutional amendment can be broadened by taking the political dimensions into account. It argues that that the question of unconstitutional constitutional amendment is a part of constitutional politics. This argument is exemplified by the case of Thailand with a focus on the Constitutional Court Decision No. 15–18/2556, which struck down a proposal of constitutional amendment calling for direct senatorial elections.