Politics of Unconstitutional Constitutional Amendments: The Case of Thailand

19 Pages Posted: 13 Jan 2020

See all articles by Son Ngoc Bui

Son Ngoc Bui

Chinese University of Hong Kong Faculty of Law

Date Written: January 8, 2020

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.

Suggested Citation

Bui, Son Ngoc, Politics of Unconstitutional Constitutional Amendments: The Case of Thailand (January 8, 2020). The Chinese University of Hong Kong Faculty of Law Research Paper No. 2020-01. Available at SSRN: https://ssrn.com/abstract=3515859 or http://dx.doi.org/10.2139/ssrn.3515859

Son Ngoc Bui (Contact Author)

Chinese University of Hong Kong Faculty of Law ( email )

6/F, Lee Shau Kee Building
Shatin, New Territories, Hong Kong
Hong Kong
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