Statement on upcoming ruling from Thailand’s Constitutional Court: A test for democracy and rule of law
Thailand’s Constitutional Court is expected to deliver its long-anticipated verdict on 7 August 2024, which may result in the disbandment of the Move Forward Party (MFP) and the banning of its executives from standing for elections for an extended period. Such a decision would undermine democratic principles and represent a significant setback for democratic development in Thailand.
In its ruling of 31 January 2024, the Court stated that MFP’s attempts to amend Section 112 of the Criminal Code, known as the lèse-majesté law, demonstrated an intent to undermine the constitutional monarchy. The MFP has defended its actions, clarifying that its intention was not to undermine the monarchy but to propose amendments to an outdated law—including reducing the severe penalties attached to this law, in line with their election manifesto, and following numerous and long-standing recommendations by international human rights bodies and advocacy groups.
In a parliamentary democracy, it is crucial that members of parliament can propose and discuss law reforms without fear of repercussions. The dissolution of the party and the ban on its executives would be a disproportionate punishment for such actions.
Throughout its political history, Thailand has seen the Constitutional Court dissolve several political parties, primarily for violating electoral laws. The case against the MFP underscores a broader systemic issue in Thailand’s political framework, where authorities often weaponize laws and regulations to suppress reformist or opposition voices.
Thailand’s Constitution of 2017, designed in the aftermath of the 2014 military coup, continues to facilitate such lawfare and is in dire need of democratic reform, as stated by several of Thailand’s academic leaders, civil society and political parties that enjoy support by a large part of the population. Such reform needs to include revamping the Constitutional Court and strengthening the role of independent institutions to safeguard against the abuse of power and the arbitrary application of laws.
[The Move Forward Party won the most seats in the 2023 general election and has remained the most popular party according to opinion polls. The next general election is scheduled for 2027.]
