Photo courtesy of Siamrath

 

Thailand's Constitutional Court is set to deliver a significant verdict on 10 September, potentially reshaping the process for amending the nation's constitution. At the core of this high-profile case is whether Parliament can approve a draft charter before it goes to a public referendum.

 

The legal debate began with urgent motions from Senator Premsak Piayura and MP Wisut Chainarun during a joint parliamentary session on 17 March. Their challenge questions the current approach to constitutional amendments, specifically whether a referendum should precede or follow parliamentary approval of a new draft constitution.

 

In response, Parliament President Wan Muhamad Noor Matha referred the issue to the Constitutional Court on 21 March for a definitive interpretation.

 

The court sought expert opinions from constitutional law specialists and, after reviewing the evidence, decided that a full hearing was unnecessary. They will move directly to oral deliberations before announcing their decision.

 

A court spokesperson stated, "The court has accepted the legal arguments and documentation as sufficient to move forward without a full hearing. A ruling will be issued on Tuesday, 10 September, at 9.30am."

 

The court will address two critical questions: Firstly, as Dr Premsak raised, is it permissible for a national referendum on a new constitution to occur after Parliament approves a draft? Moreover, can this referendum and the vote to approve the draft happen at the same time?

 

Secondly, as Wisut submitted, does Parliament have the authority to draft and vote on a new constitutional proposal without first securing public approval through a referendum?

 

This ruling could have major implications for future constitutional reforms, particularly amid ongoing calls for change from civil society groups.

 

Legal experts and political analysts are closely monitoring the case, which could clarify—or potentially complicate—the interaction between public engagement and parliamentary procedure in shaping Thailand’s governing laws.

 

  Adapted by ASEAN Now from The Thaiger 2025-07-23

 

 

Thaksin will be the unelected dictator if this goes to plan.