ABSTRACT

Constitutional amendments are central to the study of comparative constitutionalism. Amendment rules and processes, as well as their effects on the constitutional order, have been the subject of much scholarship. Of particular interest to constitutional scholars in recent years are the theory and practice of unconstitutional constitutional amendments (UCA). Courts around the world have held certain constitutional amendments as unconstitutional on the grounds that the impugned amendments altered fundamental aspects of the existing constitution. Public intellectuals and civil society organizations have challenged the government's constitutional interpretations as unconstitutional through public debate and social mobilization alongside litigation. The Constitutional Court represented the interests of the minority to suppress Thaksin and his political allies. Thailand was a fragile democracy when the country's Con¬stitutional Court ruled that the proposed amendments in 2013-14 were unconstitutional. The chapter also presents an overview on the key concepts discussed in this book.