The Constitutional Court voted 6:1 today, ruling that three referenda are required for the drafting of a new constitution.
The first is for the people to decide whether a new constitution should be drafted. The second is for the people to decide on the process and key content of the new constitution.
The third referendum, to be held after parliament completes the draft, is for the people to decide whether to approve the new charter.
The Court noted, however, that the first and second referenda may be combined into a single plebiscite.
Moreover it said parliament has the authority to amend the Constitution, but it cannot allow the people to directly elect the drafters of the Constitution.
The ruling was made at the request of the president of the parliament, after Senator Premsak Piayura and MP Wisut Chainaroon proposed that parliament seek a Constitutional Court ruling on how many referenda are required to amend the Constitution.
The Bhumjaithai party has agreed to conditions set by the main opposition People’s party, including constitutional amendments, in exchange for the opposition’s support of Bhumjaithai’s candidate Anutin Charnvirakul for prime minister.
Last week, with that support, Anutin became Thailand’s new prime minister, defeating Pheu Thai’s candidate, Chaikasem Nitisiri.
Under the agreement, if the Constitutional Court requires a referendum before any amendment, Bhumjaithai and its coalition partners must hold a plebiscite on a comprehensive constitutional rewrite no later than the next general election.
