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Constitution of the Kingdom of Thailand, Buddhist Era 2540 (1997)


The Constitution of the Kingdom of Thailand, Buddhist Era 2540 (1997) (Thai: รัฐธรรมนูญแห่งราชอาณาจักรไทย พุทธศักราช ๒๕๔๐; rtgsRattha Thammanun Haeng Ratcha Anachak Thai Phuttha Sakkarat Song Phan Ha Roi Si Sip) was a constitution of Thailand enacted on 11 October 1997 to replace the 1991 Constitution, and was widely hailed as a landmark in Thai democratic constitutional reform. The Constitution was repealed by the Council for Democratic Reform on 19 September 2006 following a successful military coup, and was replaced by the 2006 Constitution on 1 October 2006.

The 1997 Constitution was the first constitution to be drafted by a popularly elected Constitutional Drafting Assembly, hence was popularly called the "People's Constitution". The 1997 Constitution created a bicameral legislature. For the first time in Thai history, both houses were directly elected. Many human rights are explicitly acknowledged in the text, and measures were established to increase the stability of elected governments.

The "Black May" public uprising against a military-dominated government that gained power due to the 1991 Constitution provoked public calls for a more accountable system of government. In June 1994, the Committee of Democracy Development of the House of Representatives was established during the government of Chuan Leekpai. Chuan was forced to establish the Committee following a hunger strike by prominent activist Chalard Vorachat. The Committee, headed by academic Prawes Wasi, amended the 1991 Constitution but was unable to push through further reform. However, it did identify many basic frameworks which would become influential for subsequent political change. After the collapse of the Chuan government, the 1995-1996 government of Banharn Silpa-archa established a Political Reform Committee which amended the Constitution again on 22 October 1996. Efforts to adopt a new constitution gained increasing public support. On 2 November 1995, noted royalist and social critic Dr. Prawase Wasi declared to a crowded Bangkok ballroom that Thailand urgently needed a new constitution, to help avert the potential calamity of political violence that might follow the death of King Bhumibol Adulyadej. None of the media outlets in the room dared report this highly sensitive speech.


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