A Constitutional Amendment Model for Thailand: "Two Prongs, Two Steps"

The Senate committee on political development has unveiled a constitutional amendment model aimed at ensuring both diversity and broad public participation. The proposed model, dubbed “Two Prongs, Two Steps,” is a comprehensive framework designed to address the recent decisions of the Constitutional Court regarding the drafting of a new constitution.

The Committee’s Proposal

Norasate Prachyakorn, a senator and chairman of the committee on political development, public participation, human rights and consumer protection, has stated that the panel is studying drafts from various parties. According to Senator Norasate, the proposed model respects the Constitutional Court’s decision but seeks to uphold the principle of sovereignty belonging to the people, as enshrined in Section 3 of the constitution.

Public Participation: A Key Component

The senator highlighted the importance of public participation in the constitutional amendment process. Citing findings from hearings conducted recently across several regions, Senator Norasate noted that most participants want to directly elect Constitutional Drafting Assembly (CDA) members, with representatives from each province. This desire for direct representation is reflected in the proposed model, which would see 200 CDA members selected: 200 from the provinces based on population — capped at five per province — and another 200 from a national list of experts, chosen by parliament.

The Role of Experts and Parliament

Under the proposed model, the remaining 200 representatives would join committees overseeing public consultations and publicity efforts. Senator Norasate emphasized that this design ensures all 400 representatives contribute to the new charter while blending direct public choice with parliamentary input. However, he also acknowledged that some senators remain concerned about Chapters 1 and 2 of the constitution.

Chapters 1 and 2: A Point of Concern

Senator Norasate noted that some senators are particularly concerned about Chapter 1, which defines Thailand as a single, indivisible kingdom with a democratic regime and the King as head of state. Similarly, concerns have been raised regarding Chapter 2, which outlines royal prerogatives.

Public Support for Direct Election

The senator mentioned that the People’s Party and Pheu Thai support the direct public election of CDA members. However, he emphasized that the proposal remains a “framework” for debate in parliament and public forums, with outreach activities planned into next year.

Next Steps: Clarifying Concerns and Engaging the Public

Senator Norasate acknowledged that the committee will continue to clarify the rationale behind the proposed model to ease concerns. He stated that the panel would engage in further discussions and outreach activities to ensure that all stakeholders are informed about the proposal.

The Constitutional Court’s recent decisions have presented significant challenges for those seeking to draft a new constitution for Thailand. However, with the unveiling of the "Two Prongs, Two Steps" model, there is now a comprehensive framework for addressing these concerns and promoting public participation in the constitutional amendment process.

Conclusion

The proposed model represents an important step towards ensuring that both diversity and broad public participation are incorporated into the constitutional amendment process. While concerns have been raised regarding specific chapters of the constitution, the senator has emphasized that the committee is committed to clarifying these concerns through further discussions and outreach activities. Ultimately, the success of this proposal will depend on its ability to engage all stakeholders and promote a sense of ownership among citizens for the new charter.

Key Points:

• The Senate committee on political development has unveiled a constitutional amendment model called “Two Prongs, Two Steps.”
• The proposed model respects the Constitutional Court’s decision but seeks to uphold the principle of sovereignty belonging to the people.
• Public participation is a key component of the proposed model, with hearings conducted across several regions highlighting a desire for direct representation.
• The design ensures all 400 representatives contribute to the new charter while blending direct public choice with parliamentary input.
• Concerns have been raised regarding Chapters 1 and 2 of the constitution.
• The People’s Party and Pheu Thai support the direct public election of CDA members.

The "Two Prongs, Two Steps" model presents a comprehensive framework for addressing the challenges presented by the Constitutional Court’s recent decisions. By engaging all stakeholders and promoting public participation, this proposal has the potential to produce a new constitution that truly represents the will of the people.