New Justice in Translation Out! Constitutional Court of Thailand Ruling No. 3/2567

New Justice in Translation from the Justice in Southeast Asia Lab out now!
Constitutional Court of Thailand Ruling No. 3/2567: https://bit.ly/4dZ6qtE
In early 2024, the Constitutional Court of Thailand ruled that the proposal of an amendment to Article 112 of the Criminal Code by the Move Forward Party constituted overthrow of rule by democracy with the king as head of state. In this edition of Justice in Translation, an English translation of the full Constitutional Court ruling is provided. The ruling raises significant questions about the meanings of democracy, law, and rule in the Thai polity.
From the translator’s introduction: “It is tempting to dismiss both rulings as the unjust ac- tions of a judiciary that always sides with the monarchy and the state over the people.2 But to do so would be foolish. Instead, we – as scholars, activists, and observers – should take the decisions seriously. In the first ruling, the Constitu- tional Court assessed calls for reform – that remained un- implemented – as overthrow of rule by democracy with the king as head of state. In the second ruling, the Constitutional Court found that the proposal of a draft law – that remained unexamined by Parliament, let along enacted – was over- throw of rule by democracy with the king as head of state. A few preliminary questions arise. First, what are the elements of rule by democracy with the king as head of state? Second, what is overthrow of such a regime? If calling for reform and proposing a law are forbidden, it is unclear what democracy means. Third, how do these rulings affect the lives of individuals and the polity? While Constitutional Court rulings do not automatically translate to criminal charges of rebellion or sedition, all of those named in the first ruling are among the nearly 300 people being prosecuted for violation of Article 112 of the Criminal Code. In the case of the second ruling, there is already an attempt to dissolve the Move Forward Party underway. Fourth, how might the rulings be under- stood and examined as part of a broader set of processes to reshape the law, limit political participation, and foreclose the possibility of justice in the Thai polity?”