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Constitutional Afterlife: The Continuing Impact of Thailand's Postpolitical Constitution

Posted: 17 Jan 2009  

Tom Ginsburg

University of Chicago Law School

Date Written: January 2009

Abstract

Thailand's constitution of 1997 introduced profound changes into the country's governance, creating a “postpolitical” democratic structure in which an intricate array of guardian institutions served to limit the role of elected politicians. Ultimately, the constitutional structure was undermined in a military coup against populist billionaire Thaksin Shinawatra, who had taken over many of the institutions designed to constrain political power. Nonetheless, the 1997 constitution appears to be having a significant afterlife, in that its institutional innovations have survived the enactment of a new Constitution and continue to constrain the political process. This article describes the Thai situation and speculates on the conditions for constitutional afterlife.

Suggested Citation

Ginsburg, Tom, Constitutional Afterlife: The Continuing Impact of Thailand's Postpolitical Constitution (January 2009). International Journal of Constitutional Law, Vol. 7, Issue 1, pp. 83-105, 2009. Available at SSRN: https://ssrn.com/abstract=1328734 or http://dx.doi.org/10.1093/icon/mon031

Tom Ginsburg (Contact Author)

University of Chicago Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

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