2007년 태국헌법개정과 헌법재판 = Thai Constitutional Revision in 2007 and Constitutional Court

다국어 초록 (Multilingual Abstract)

The Thai Constitution of 1997 was the fruit of the Thai people's deep enthusiasm for democracy. The principal goals of this Constitution were to reform the nation's political system to encourage and promote greater participation of Thai citizens in political process, to bring honesty, transparency, accountability and legitimacy into the political system, and to ensure greater political stability. The Constitutional Court, newly introduced in the Thai political system by the Constitution of 1997, was expected to safeguard these goals and therefor was given several powers.
But, because the Constitution of 1997 ended in failure, it was suspended by the military Coup d'Etat in September 2006. Even though the Constitutional Court contributed partially to the political stability through the cases on counter corruption dispute and political parties, it could not answer essentially to the basic and old problem of the Thai political system: patronage. Three principal cases before and behind the military Coup d'Etat in September 2006 (cases of 2006.2.16, 2006.5.8 and 2007.5.30) showed it well.
On the one hand the new Thai Constitution is considered as a step back for democracy, and on the other hand it is being expected to answer to political instability. Constitution drafting of 2007 which was led by the military and some bureaucrats was adapted ultimately by Thai people's referendum. The referendum legitimating the new Constitution was the first time in the history of the Thai constitutional amendments.
The Parliamentary system was weakened by the Constitution of 2007 - A prime minister having a two-term limit, the half of senators being selected by the Senators Selection Committee which is composed of five members (the President of the Constitutional Court, a judge of the Supreme Court of Justice, etc.,).
The direct democracy was enhanced by the constitutional revision. People have a right to submit a petition to the President of the National Assembly to consider a bill, the right to lodge with the President of the Senate a complaint in order to request the Senate to pass a resolution removing from office the persons like as Prime Minister, Minister, member of the House of Representatives, senators, etc, and the right to a referendum.
The function of the Constitutional Court was reduced, cutting down the number of judges from 15 to 9. It had to transfer the function of counter corruption dispute to the Supreme Court of Justice. But, it also added a new function, concerning that a person whose rights or liberties recognized by the Constitution are violated has the right to file a motion to the Constitutional Court for a decision that a provision of law is contrary to or inconsistent with the Constitution. This arrangement could give a chance to the Court to focus on its own functions, for example, the control of the constitutionality of a law, etc.,
For the time being, the new Constitution could contribute to keeping the balance between the political powers in reality. And, it is expected that the democratization in Thailand, based on the experiences under the Constitution of 1997, will continue on.

참고문헌 (Reference)

1 변해철, "태국의 헌법재판제도와 헌법현실 -한국과의 비교 고찰-" 법학연구소 (21) : 1-22, 2006

2 변해철, "태국의 민주화와 1997년 헌법개정" 한국외국어대학교 법학연구소 18 : 1-25, 2005

3 "www.csmonitor.com/2007/0427/p06s01-woap.html"

4 "www.cnn.com/2006/WORLD/asiapcf/05/08/thailand.ruling/index.html"

5 "www.atimes.com/atimes/Southeast_Asia/IH18Ae01.html"

6 "timesofindia.indiatimes.com/Reject_Thai_constitution_urges_Thaksin"

7 "theage.com.au/news/world/.../2006/02/16/1140064203382.html"

8 "nytimes.com/2007/08/20/world/asia/20thai.html"

9 "english.people.com.cn/200705/31/eng20070531_379528.html"

10 The Constitutional Court of Thailand, "The Constitutional Court Rulings 2004 (Bankok: P.Press Co., 2005)"

11 The Constitutional Court of Thailand, "The Constitutional Court Rulings 2003 (Bankok: P.Press Co., 2004)"

12 Frank Munger, "Constitutional Reform, Legal Consciousness, and Citizen Participation in Thailand" 11 (11): 2008

13 이병도, "2),pp.45-79" 12 (12): 45-79, 2002