Referendum 2024 and the Way to Constitutional Amendment

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Thailand’s constitution was made in 2017 by the military junta government. Although it was approved by referendum, the 2017 Constitution remains highly unpopular due to its origin. Constitutional reform was a central issue during the tightly contested 2023 elections, in which an unprecedented voter turnout demonstrated strong support for democratic and progressive parties. The same demand, of amending the 2017 Constitution, was repeated throughout the 2020-2021 mass protest movement. Constitutional amendment is a political and legal process. Through the election and protests, Thai people have expressed their wish to amend the 2017 Constitution. But how constitution makers will translate that political mandate into law remains a challenge.

On April 2024, Prime Minister disclosed that the cabinet approved in principle a study on the constitutional referendum, according to which three referendums will be conducted to let voters express their opinion whether there is a need to draft a new Constitution. The Referendum Act, B.E. 2564 will also be amended to ensure that the law is an efficient democratic tool for the public to directly express their needs and opinions. The first referendum would ask voters whether they agreed with the need to write a new charter. If the majority agreed, the second referendum would ask if Section 256 should be amended, to pave the way for the drafting of the new constitution. If approved, after the new charter was written it would be put to a third referendum, asking voter to decide whether it should be adopted. The cabinet also agreed that the Referendum Act 2021 should be amended to do away with the “double majority” rule, where more than 50% of eligible voter must participate in a referendum and a majority of those voting must approve the new charter. Amending the Act would be instrument in promoting democracy.  

On these awareness, the Institute of Democratization Studies and King Prajadhipok's Institute, in cooperation with Konrad Adenauer Stiftung Thailand Office, will host a hybrid discussion on “Referendum 2024 and the Way to Constitutional Amendment” aiming at promoting democratization and strengthening participation in policy process.