กำเนิดและจุดจบของร่างรัฐธรรมนูญแห่งราชอาณาจักรไทย พ.ศ. .... (ฉบับ 2558)

Abstract

This dissertation studies the significant structure of the draft of the 2015 Constitution---the first completed drafted constitution after the coup d'etat that never came into force. By analysing contents and criticisms of the constitution-drafting process and beyond on the first draft, the second draft and the 2017 Constitution regarding the structure of the draft of the 2015 Constitution, the finding shows three crucial issues. The first draft reveals the balance of power under the 2014 Constitution in favour of Constitution Drafting Committee (CDC), aiming to limit and control political activities of the old politics, "Thaksinocracy", in particular while maintaining reformation in the newly elected government to its achievement through "citizen" and the Constitutional Court mechanisms. These processes are monitored by "the recruited specialists, and the moral ones". The second draft demonstrates the compatibility between CDC's objective and effort in balancing the political equilibrium of the Thai bureaucracy.Furthermore, the 2017 Constitution unfolds vital points that had been constantly impelled: the politics controlled by the "a-politicised" mechanisms, crippling power of elect-government, and maintaining political reformation. In the case of constitution-drafting of 2015, apart from presenting the effort in maintaining the balance of power, it discloses the form of balance of power that the deep state desired to preserve in the context of the Thai bureaucracy by exploiting political society under an authoritarian system and a facade of democracy. Even though CDC had already designed the balance of power in the new draft following the frame of the 2014 Constitution, it undermined political relations, or it failed to balance powers to meet the favour of interest groups, especially those who came to power to write the constitution. This reason is a part of the crucial factors that led the drafted 2015 Constitution to be overridden by the National Reform Council.