Toward constitutional revolution?
The Constitutional Court's politicization of unamendability is a dangerous bet. So far, it successfully helped to prevent disruption to Thai-style democracy. But at what cost? The public is increasingly upset and has increasingly realized that the judiciary is not a trustworthy umpire.
A constitution that cannot be amended by peaceful means can be abolished by force. The Constitutional Court's loathing of democracy can be contrasted with its deferral to dictatorship. All this generates a sense of public hopelessness and anger. If the people could not invoke the secondary power to amend the constitution, can they, as the Constitutional Court confirmed twice in 2012 and 2021, re-establish the unlimited primary constituent power and write a new constitution?The new primary power means destruction of the existing constituent power, a decisive break from Thai-style democracy. In practice, that could entail violence, disruption, and drastic changes. The next constitution-making attempt may propel the country into a whirlwind.
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