DOCSLIB.ORG

Final Copy 2019 01 23 Leela

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Final Copy 2019 01 23 Leela This electronic thesis or dissertation has been downloaded from Explore Bristol Research, http://research-information.bristol.ac.uk Author: Leelapatana, Rawin Title: The Kelsen-Schmitt debate and the use of emergency powers in political crises in Thailand General rights Access to the thesis is subject to the Creative Commons Attribution - NonCommercial-No Derivatives 4.0 International Public License. A copy of this may be found at https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode This license sets out your rights and the restrictions that apply to your access to the thesis so it is important you read this before proceeding. Take down policy Some pages of this thesis may have been removed for copyright restrictions prior to having it been deposited in Explore Bristol Research. However, if you have discovered material within the thesis that you consider to be unlawful e.g. breaches of copyright (either yours or that of a third party) or any other law, including but not limited to those relating to patent, trademark, confidentiality, data protection, obscenity, defamation, libel, then please contact [email protected] and include the following information in your message: •Your contact details •Bibliographic details for the item, including a URL •An outline nature of the complaint Your claim will be investigated and, where appropriate, the item in question will be removed from public view as soon as possible. The Kelsen-Schmitt Debate and the Use of Emergency Powers in Political Crises in Thailand Rawin Leelapatana A dissertation submitted to the University of Bristol in accordance with the requirements for award of the degree of Doctor of Philosophy in the Faculty of Social Sciences and Law School of Law 2018 Abstract Carl Schmitt and Hans Kelsen were prominent jurists during the Weimar Republic who engaged in the debate on the nature and use of emergency powers in a political crisis of liberal democracy (‘PCLD’). As a liberal, Kelsen advocated a law-based response to an emergency situation together with the narrow interpretation of emergency powers and constitutional review, whereas as an anti-liberal conservative, Schmitt called for legally unconstrained emergency decisions by the sovereign to exclude ‘enemies’ causing a political crisis. This thesis considers how this debate might apply to Thailand. In post-absolutist Thailand after 1932, the conflict between the pro- democracy and the conservative factions reflected the PCLD, and resulted in military coups together with martial law supported by the suspension of liberal democracy viewed as a threat to the nationalist-conservative tradition known as Thai- ness and other uses of emergency legislations by the government of both factions. Though the royalist-conservative, later known as the ‘Yellow’ faction, still holds the upper-hand in politics given its ability to engineer a coup—the invocation of sovereign authority in the Schmittian sense—such hegemony and ability have been declining in recent years due to the struggles for a commitment to liberal constitutionalism, including the fuller implementation of the Kelsenian project in 1997. The application of the Kelsen-Schmitt debate in the Thai context accordingly exemplifies an aspiring democracy struggling against the declining hegemony of the Schmittian idea. It then reveals what I call the binary-star conception of emergency powers which shows the gravitational pull between the increasing need to liberalise and institutionalise the Schmittian idea, especially by resorting to a Kelsenian legal-rational legitimacy, and the growing need to resort to Schmitt’s idea of political struggle to move the Kelsenian liberal- democratic project forward. Such pull suggests an alternative normative perspective for reading Kelsen and Schmitt—‘pragmatic hybrid’ which comprises the ideas of ‘the paradoxical friction’, the politics of ‘defective co-optation’, and ‘the fragile equilibrium’. The application of the Kelsen-Schmitt debate in Thailand then directs us to reassess their theories of law and politics, the conception of authority to invoke emergency powers, notably the competing conceptions of institution (i.e., the tension between legality and law) and the state of exception, their debate on the scope of emergency powers in political crises, the conception of legal and political accountability for the invocation and use of emergency powers, and the agony of heteronomy. It ultimately suggests reconsidering the theoretical structure underlying Kelsen’s and Schmitt’s models, including the function of liberalism in their debate. To my beloved maternal grandmother, Nuansri Author’s declaration I declare that the work in this dissertation was carried out in accordance with the requirements of the University's Regulations and Code of Practice for Research Degree Programmes and that it has not been submitted for any other academic award. Except where indicated by specific reference in the text, the work is the candidate's own work. Work done in collaboration with, or with the assistance of, others, is indicated as such. Any views expressed in the dissertation are those of the author. Parts of this thesis are presented at several conferences, notably the ASLI conference in Taipei (2015), Manila (2017), Singapore (2017), Seoul (2018). SIGNED: ............................................................. DATE: .......................... Contents List of abbreviations List of abbreviations (citation) List of tables PREFACE CHAPTER 1: Conceptions of Emergency Powers in Political Crises: the Kelsen-Schmitt Debate in Weberian Perspective 1. Introduction 1 2. The ‘Weberian’ background to the Kelsen-Schmitt debate: modern politics and liberalism 3 2.1 Politics 3 2.2 The paradox of modernity and liberalisation: the basis of the PCLD 4 2.3 Weberian ethics underlying the Kelsen-Schmitt debate on emergency powers in the PCLD 6 3. The realms of ‘is’ and ‘ought’ underlying the Kelsen-Schmitt debate: the backbone of the competing models 9 4. Liberalism as the centre of Kelsen’s and Schmitt’s competing theories of politics: the norm-exception dichotomy 12 the Weberian perspective 4.1 Kelsen and the EoR: political compromise and autocracy 12 4.2 Schmitt and the EoC: political romanticism and political absolutism 14 4.3 Weber’s purposive-rational/instrumental type of action 16 5. The Kelsenian and Schmittian models of constitutional emergencies: institution, legality, law, and the SoE 16 5.1 Institution and the SoE: the legitimacy of legality vs the radical legitimacy of law 17 5.2 Kelsen’s project of authority: the legislative accommodation model of constitutional emergencies 20 5.2.1 Kelsen’s Pure Theory of Law: the doctrine of legal imputation in application 20 5.2.2 The constitutional court as the guardian of the politics of reconciliation 23 5.3 Schmitt’s sovereign authority: the anti-liberal realist mode 24 5.3.1 Schmitt’s Three Types of Juristic Thought: prioritising concrete factuality over abstract validity 24 5.3.2 The HoS as the guardian of the politics of exclusion 27 6. Key theoretical assumptions and asymmetry in Kelsen’s and Schmitt’s models 31 6.1 The assumptions underpinning the PoA 31 6.2 The assumptions underpinning Schmitt’s preferred model 34 6.3 Individualism/collectivism, scepticism, and hostility: the Weberian straight-line and the theoretical asymmetry 35 in the Kelsen-Schmitt debate 7. The Kelsen-Schmitt debate in Thailand? 38 7.1 From Weimar to Thailand 38 7.2 Theorising emergency powers in Thailand? 40 7.3 Beyond the Weberian instrumental rationality and dominant liberal democracy: theoretical framework 42 for synthesising Kelsen and Schmitt CHAPTER 2: Emergency Powers in Thailand in Historical Perspective 1. Introduction 45 Part 1: Emergency powers in traditional Thai constitutional/political theory 2. The Dhammaraja tradition: the basis of political stability and authority in Thailand 48 3. From the Dhammaraja tradition to Thai-ness 48 4. Emergency powers and political stability in Thai history: liberal democracy as a threat 50 Part 2: Emergency powers in Thailand between 1932 and pre-1997 5. Pridi Banomyong and liberal constitutionalism: the milestone for ‘Kelsen’ 55 6. Sarit Thanarat’s despotic paternalism: the Thai-style Schmittian model of constitutional emergencies 57 6.1 The 1947, 1957, 1958 coups: royal hegemony restored 57 6.2 The key features of despotic paternalism 59 7. The politics of gravitational pull and the King as the supreme arbitrator in times of crises 63 7.1 The pull of gravity between liberalism and authoritarianism: the internal perspective of the constitutional 64 emergency model 7.2 The King as the ultimate arbiter 67 8. Contestation and institutionalisation 68 Part 3: Emergency powers in Thailand and the colour-coded crises 9. The explicit adoption of ‘Kelsen’ in 1997 and Thaksin Shinawatra’s premiership 69 10. The ‘colours’ in Thailand: the external perspective of the constitutional emergency model 72 11. The 2007 Constitution: reinforcing Thai-ness in a deeply divided society 74 12. Emergency powers and the struggle between the Red and the Yellow factions 76 12.1 The PAD protests against the two Red governments in 2008 78 12.2 The UDD protests against the Yellow government 80 12.2.1 The 2009 Bloody Songkran incident 80 12.2.2 The 2010 Savage May 81 12.3 The PDRC protest against the Red government and the 2014 coup 82 13. From contestation to collision between the two forces 87 14. Conclusion 89 CHAPTER 3: Lessons from emergency powers in Thailand’s political crises 1. Introduction
Load more

Recommended publications
  • CRITICAL THEORY and AUTHORITARIAN POPULISM Critical Theory and Authoritarian Populism
    CDSMS EDITED BY JEREMIAH MORELOCK CRITICAL THEORY AND AUTHORITARIAN POPULISM Critical Theory and Authoritarian Populism edited by Jeremiah Morelock Critical, Digital and Social Media Studies Series Editor: Christian Fuchs The peer-reviewed book series edited by Christian Fuchs publishes books that critically study the role of the internet and digital and social media in society. Titles analyse how power structures, digital capitalism, ideology and social struggles shape and are shaped by digital and social media. They use and develop critical theory discussing the political relevance and implications of studied topics. The series is a theoretical forum for in- ternet and social media research for books using methods and theories that challenge digital positivism; it also seeks to explore digital media ethics grounded in critical social theories and philosophy. Editorial Board Thomas Allmer, Mark Andrejevic, Miriyam Aouragh, Charles Brown, Eran Fisher, Peter Goodwin, Jonathan Hardy, Kylie Jarrett, Anastasia Kavada, Maria Michalis, Stefania Milan, Vincent Mosco, Jack Qiu, Jernej Amon Prodnik, Marisol Sandoval, Se- bastian Sevignani, Pieter Verdegem Published Critical Theory of Communication: New Readings of Lukács, Adorno, Marcuse, Honneth and Habermas in the Age of the Internet Christian Fuchs https://doi.org/10.16997/book1 Knowledge in the Age of Digital Capitalism: An Introduction to Cognitive Materialism Mariano Zukerfeld https://doi.org/10.16997/book3 Politicizing Digital Space: Theory, the Internet, and Renewing Democracy Trevor Garrison Smith https://doi.org/10.16997/book5 Capital, State, Empire: The New American Way of Digital Warfare Scott Timcke https://doi.org/10.16997/book6 The Spectacle 2.0: Reading Debord in the Context of Digital Capitalism Edited by Marco Briziarelli and Emiliana Armano https://doi.org/10.16997/book11 The Big Data Agenda: Data Ethics and Critical Data Studies Annika Richterich https://doi.org/10.16997/book14 Social Capital Online: Alienation and Accumulation Kane X.
    [Show full text]
  • Turkish Conservatives and Cyprus in Foreign Policy in the Context of Constructivist Theory and Identity; 1960-1980 Era
    TURKISH CONSERVATIVES AND CYPRUS IN FOREIGN POLICY IN THE CONTEXT OF CONSTRUCTIVIST THEORY AND IDENTITY; 1960-1980 ERA A THESIS SUBMITTED TO INSTITUTE OF SOCIAL SCIENCES OF YILDIRIM BEYAZIT UNIVERSITY BY BURAK BINARCI IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER IN THE DEPARTMENT OF INTERNATIONAL RELATIONS AUGUST 2014 PLAGIARISM I hereby declare that all information in this thesis has been obtained and presented in accordance with academic rules and ethical conduct. I also declare that, as required by these rules and conduct, I have fully cited and referenced all material and results that are not original to this work; otherwise I accept all legal responsibility. Name, Last name : Signature : iii ABSTRACT TURKISH CONSERVATIVES AND CYPRUS IN FOREIGN POLICY IN THE CONTEXT OF CONSTRUCTIVIST THEORY AND IDENTITY; 1960-1980 ERA BINARCI, BURAK MASTER THESIS OF DEPARTMENT OF INTERNATIONAL RELATIONS SUPERVISOR PROF. DR. MUSTAFA SITKI BILGIN AUGUST-2014, 118 PAGES Nearly all analysis of Turkish Foreign Policy in Cold War era has been made with rational approaches which are Realist/neo-realist power politics-based, up until today. Analyses are excluded from social factors as culture, value and history etc… However, Constructivist Theory of International Relations make an analysis by giving meaning to rational parameters as power, structure, anarchy, interest etc… by emphasising social construction process and putting forward Identity concept. Constructivist Theory claim that it is true way to evaluate realities with their all social aspects in contrary to rational theories. Besides, when Alexander Wendt, who is the most important name of theory, examines state acts in international politics, he uses state identity internationally.
    [Show full text]
  • The Crisis of European Politics Iain Murray Vice President for Strategy
    The Crisis of European Politics Iain Murray Vice President for Strategy Competitive Enterprise Institute Remarks delivered at the Heritage Foundation event, The Future of the EU: Understanding the Roots of Political Fragmentation in Europe , January 12 th 2017. It may seem odd that at a panel sponsored by America’s leading conservative think tank, the Heritage Foundation, I am going to take as my text in discussing the crisis of European politics, F.A. Hayek’s essay, “Why I am not a Conservative.” Yet I think many of the insights the great Nobel laureate delivered in 1960 when he penned his piece are vital to understanding what is happening in Europe today. It is my contention that much of what is called European populism is actually a phenomenon of resurgent nationalist conservatism thanks to separate crises in the continent’s two other dominant ideologies – socialism and liberalism. Yet that is not something American conservatives should necessarily cheer, and, indeed, European conservativism is itself going through a crisis of its own, one that may have lessons for American conservatives. Before I explain further, I should first of all state that European conservativism is, and always has been, different from Anglo-American conservativism. For the Anglo-American conservative, our heritage is liberty. Anglo-American conservatives defend economic freedom, political freedom, and civil liberties. It was two great conservatives – William Wilberforce and Abraham Lincoln – who ended the slave trade and freed slaves in America. The American Revolution was a conservative revolution, aimed at protecting ancient rights from arbitrary power. Conservatives today look back at our heritage and says that those old freedoms must be protected.
    [Show full text]
  • Inheriting the Yugoslav Century: Art, History, and Generation
    Inheriting the Yugoslav Century: Art, History, and Generation by Ivana Bago Department of Art, Art History and Visual Studies Duke University Date:_______________________ Approved: ___________________________ Kristine Stiles, Supervisor ___________________________ Mark Hansen ___________________________ Fredric Jameson ___________________________ Branislav Jakovljević ___________________________ Neil McWilliam Dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of Art, Art History and Visual Studies in the Graduate School of Duke University 2018 ABSTRACT Inheriting the Yugoslav Century: Art, History, and Generation by Ivana Bago Department of Art, Art History and Visual Studies Duke University ___________________________ Kristine Stiles, Supervisor ___________________________ Mark Hansen ___________________________ Fredric Jameson ___________________________ Branislav Jakovljević ___________________________ Neil McWilliam An abstract of a dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of Art, Art History and Visual Studies in the Graduate School of Duke University 2018 Copyright by Ivana Bago 2018 Abstract The dissertation examines the work contemporary artists, curators, and scholars who have, in the last two decades, addressed urgent political and economic questions by revisiting the legacies of the Yugoslav twentieth century: multinationalism, socialist self-management, non- alignment, and
    [Show full text]
  • Consensus for Mussolini? Popular Opinion in the Province of Venice (1922-1943)
    UNIVERSITY OF BIRMINGHAM SCHOOL OF HISTORY AND CULTURES Department of History PhD in Modern History Consensus for Mussolini? Popular opinion in the Province of Venice (1922-1943) Supervisor: Prof. Sabine Lee Student: Marco Tiozzo Fasiolo ACADEMIC YEAR 2016-2017 2 University of Birmingham Research Archive e-theses repository This unpublished thesis/dissertation is copyright of the author and/or third parties. The intellectual property rights of the author or third parties in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this thesis/dissertation must be in accordance with that legislation and must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the permission of the copyright holder. Declaration I certify that the thesis I have presented for examination for the PhD degree of the University of Birmingham is solely my own work other than where I have clearly indicated that it is the work of others (in which case the extent of any work carried out jointly by me and any other person is clearly identified in it). The copyright of this thesis rests with the author. Quotation from it is permitted, provided that full acknowledgement is made. This thesis may not be reproduced without my prior written consent. I warrant that this authorisation does not, to the best of my belief, infringe the rights of any third party. I declare that my thesis consists of my words. 3 Abstract The thesis focuses on the response of Venice province population to the rise of Fascism and to the regime’s attempts to fascistise Italian society.
    [Show full text]
  • University Life
    English Newsletter by Komaba Students https://www.komabatimes.com/ Content University Life …………………… page 1 Perspectives …………………… page 12 Exploring Japan ………………… page 20 Komaba Writers’ Studio x Pensado … page 24 Creative Komaba ……………… page 29 27 Articles // April 2020 // Issue 9 UNIVERSITY LIFE The Good, the Bad, and PEAK: How I Discovered the Secret to University Life Through Movie Magic By: Paul Namkoong There wasn’t a single moment when I that the originals became unrecognizable, was - didn’t think about it. all the more appealing: tracted to movies because of how different the method of production was. Everything in my life had led up to this opportu- Spending 50 hours on creating a tiny, 3-minute nity. I followed what I saw on TV and the news. advertisement for our fledgling PEAK program From the short experience I’ve had working on I picked out the targets, staked them out, and turned out to be one of the most life-changing set, I remember getting hypnotized by the team- planned out all of the enthralling details. It didn’t experiences I’ve ever had. work and organization of each individual contrib- come easy, to play god over whom I took and utor. I once saw them as nobodies, mere scroll- whom I spared. But I fell in love with the power it Film is murder, and I am its (terrible) executioner. ing words upon scrolling words in an endless gifted me. I closed my eyes and envisioned what stream of movie credits. But when I saw the key would slip out of their lips, the unnatural move- I like shooting movies.
    [Show full text]
  • Working Paper 1
    Working Paper 1 Armed Forces, the State, and Society Series AUTHORITARIAN POLICING AND DEMOCRATIZATION: THE CASE OF THAILAND EUGÉNIE MÉRIEAU Abstract: In this paper, I argue that the post-1970s democratization in Thailand had minimal effects on the entrenched practices of authoritarian policing. Democratization, in fact, did not put an end to these practices but instead correlated with their legalization through the enactment of a set of empowering legislation. This empirical finding invites a reconsid- eration of the hypothesis of covariation between regime type and policing practices. The NYU SCHOOL OF PROFESSIONAL STUDIES CENTER FOR GLOBAL AFFAIRS facilitates change by educating and inspiring our community to become global citizens capable of identifying and im- plementing solutions to pressing global challenges. We believe that the development of solu- tions to global problems must be informed by an understanding that the world’s challenges are not merely challenges for and among states, but among states and non-state actors; urban and rural communities; regional organizations as well as traditional diplomatic outlets. Through rig- orous graduate and non-degree programs and public events we prepare global citizens who will be at home – and thus be effective agents of change – in all of these environments. This working paper does represent the views of NYU, its staff, or faculty. ©The Author 2020 EUGÉNIE MÉRIEAU is a Postdoctoral Fellow at the Centre for Asian Legal Studies, National University of Singapore. She previously held positions at Sciences Po (France), Göttingen University (Germany) and Thammasat University (Thailand) and worked as a consultant for the International Commission of Jurists.
    [Show full text]
  • Redalyc.Encuentros Y Desencuentros Político-Jurídicos. El Gobierno
    Relaciones. Estudios de historia y sociedad ISSN: 0185-3929 [email protected] El Colegio de Michoacán, A.C México Ramírez Bonilla, Juan José Encuentros y desencuentros político-jurídicos. El gobierno mexicano ante la Asociación de Naciones del Sureste de Asia Relaciones. Estudios de historia y sociedad, vol. XXXIII, núm. 131, 2012, pp. 135-180 El Colegio de Michoacán, A.C Zamora, México Disponible en: http://www.redalyc.org/articulo.oa?id=13725131005 Cómo citar el artículo Número completo Sistema de Información Científica Más información del artículo Red de Revistas Científicas de América Latina, el Caribe, España y Portugal Página de la revista en redalyc.org Proyecto académico sin fines de lucro, desarrollado bajo la iniciativa de acceso abierto Encuentros y desencuentros político- jurídicos. El gobierno mexicano ante la Asociación de Naciones del Sureste de Asia Juan José Ramírez Bonilla* EL COLEGIO DE MÉXICO Las administraciones 1994-2000, 2000-2006 y 2006-2012 del gobierno mexicano han colocado en un lugar privilegiado de la agenda de política exte- rior la formalización de la relación bilateral con la Asociación de Naciones del Sureste de Asia (ansea). Las contrapartes de la Asociación, no obstante, opta- ron por archivar las solicitudes del gobierno mexicano en la medida en que consideran a México como un país importante en América del Norte, pero con poca relevancia en la región del Pacífico; además, la práctica de una polí- tica exterior basada en la defensa de la democracia y de los derechos humanos por parte de la administración de Vicente Fox fue considerada riesgosa por gobiernos que toman en cuenta los principios de la Carta de las Naciones Unidas como la garantía de la convivencia internacional armónica.
    [Show full text]
  • Framing the Violence in Southern Thailand: Three Waves Of
    FRAMING THE VIOLENCE IN SOUTHERN THAILAND: THREE WAVES OF MALAY-MUSLIM SEPARATISM A thesis presented to the faculty of the Center for International Studies of Ohio University In partial fulfillment of the requirements for the degree Master of Arts Sara A. Jones June 2007 This thesis entitled FRAMING THE VIOLENCE IN SOUTHERN THAILAND: THREE WAVES OF MALAY-MUSLIM SEPARATISM by SARA A. JONES has been approved for the Center for International Studies by Elizabeth Fuller Collins Associate Professor of Classics and World Religions Drew O. McDaniel Interim Director, Center for International Studies Abstract JONES, SARA A., M.A., June 2007, Southeast Asian Studies FRAMING THE VIOLENCE IN SOUTHERN THAILAND: THREE WAVES OF MALAY-MUSLIM SEPARATISM (130 pp.) Director of Thesis: Elizabeth Fuller Collins This thesis examines how the Thai newspaper, The Nation (an English-language daily), portrays the violence in the Malay-Muslim South through the use of agenda- setting concepts and framing analyses in articles published about four events in 2004. Two of the events are examples of state aggression against southern insurgents whereas the other two are instances in which southern insurgents were the primary aggressors against the state and/or citizens. The history of the Malay-Muslim dominant provinces is reviewed, showing how the separatist movement has evolved into three distinct waves. The original secessionist movements focused on ethnic Malay identity; over time elements of Islamist ideology were introduced such that the current movement is not recognizably a separatist or Islamist movement. This thesis also includes a short analysis of articles published in Matichon sutsapd, a Thai-language weekly, and shows how Malay-Muslim Thais in the South demand justice.
    [Show full text]
  • Thailand Regulatory Management and Oversight Reforms: a Diagnostic Scan
    OECD Reviews of Regulatory Reform Thailand Regulatory Management and Oversight Reforms: A Diagnostic Scan 2020 OECD work on RIA: http://oe.cd/ria OECD work on regulatory policy: http://oe.cd/regpol For further information, please contact: [email protected] [email protected] OECD Reviews of Regulatory Reform Regulatory Management and Oversight Reforms in Thailand A Diagnostic Scan PUBE 2 This document, as well as any data and map included herein, are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area. Please cite this publication as: OECD (2020), “Regulatory Management and Oversight Reforms in Thailand: A Diagnostic Scan”, OECD, Paris. Photo credits: Cover © SOUTHERNTraveler/Shutterstock.com; © Nuttawut Uttamaharad/Shutterstock.com; © CC7/Shutterstock.com; © Balate Dorin/Shutterstock.com; © michel arnault/Shutterstock.com © OECD 2020 The use of this work, whether digital or print, is governed by the Terms and Conditions to be found at http://www.oecd.org/termsandconditions. REGULATORY MANAGEMENT AND OVERSIGHT REFORMS IN THAILAND © OECD 2020 3 Foreword The success of Thailand’s strategic vision for continued sustainable economic and social development relies on the interplay of multiple factors. Good regulatory practices are a key component of the 2017 Constitution of Thailand, and are woven into the Thai National Strategy (2018-2037), Twelfth National Economic and Social Development Plan, and the “Thailand 4.0” strategy. GRPs can ensure that policies and regulations are well designed, effectively implemented and regularly assessed. This requires an adequate institutional set-up, clearly designated responsibilities in the public service, capacity for managing good regulatory practices, and better regulatory oversight.
    [Show full text]
  • Working Paper Series
    Ploy Suebvises Constitutional Policymaking by the Thai Elite: Designing the Election System for House and Senate in the 2007 Constitution Working Paper Series No. 105 January 2010 The Southeast Asia Research Centre (SEARC) of the City University of Hong Kong publishes SEARC Working Papers Series electronically ©Copyright is held by the author or authors each Working Paper. SEARC Working Papers cannot be republished, reprinted, or reproduced in any format without the permission of the papers author or authors. Note: The views expressed in each paper are those of the author or authors of the paper. They do not represent the views of the Southeast Asia Research Centre, its Management Committee, or the City University of Hong Kong. Southeast Asia Research Centre Management Committee Professor William Case, Director Dr Catherine Chiu Dr Nicholas Thomas Dr Bill Taylor Editor of the SEARC Working Paper Series Ms Jennifer Eagleton Southeast Asia Research Centre The City University of Hong Kong 83 Tat Chee Avenue Kowloon Tong, Hong Kong SAR Tel: (852 3442 6106 Fax: (852) 3442 0103 http://www.cityu.edi.hk/searc CONSTITUTIONAL POLICYMAKING BY THE THAI ELITE: DE- SIGNING THE ELECTION SYSTEM FOR HOUSE AND SENATE IN THE 2007 CONSTITUTION1 2 Ploy Suebvises [email protected] Faculty of Public Administration National Institute of Development Administration Introduction Processes of policymaking and their outcomes are a major field of political science and public administration.3 Regarding Thailand, recent work has covered policy areas such as poverty alleviation4, education combined with decentralization,5 the Internet and telecommunication,6 healthcare,7 tobacco control policy,8 foreign policy,9 abortion,10 forest policy,11 and food standards.12 A number of works have also dealt with specific conditions 1 Paper presented at the International Convention of Asia Scholars 6 (ICAS 6), 6–9 August, 2009, Daejeon Convention Center, South Korea.
    [Show full text]
  • Interview with Thanathorn Juangroongruangkit Kong Tsung
    Interview with Tanathorn Juangroongruangkit NOVEMBER 2019–JANUARY 2020 VOLUME 5, NUMBER 1 Kong Tsung-gan • Richard Heydarian • Antony Dapiran 32 9 772016 012803 VOLUME 5, NUMBER 1 NOVEMBER 2019–JANUARY 2020 HONG KONG 3 Kong Tsung-gan Unwavering CHINA 5 Richard Heydarian Red Flags: Why Xi’s China Is in Jeopardy by George Magnus JOURNAL 7 Sunisa Manning Superstition INTERVIEW 9 Mutita Chuachang Tanathorn Juangroongruangkit NOTEBOOK 12 Faisal Tehrani Cursed CLIMATE 13 Jef Sparrow Losing Earth: Te Decade We Could Have Stopped Climate Change by Nathaniel Rich; Tis Is Not a Drill: An Extinction Rebellion Handbook by Clare Farrell, Alison Green, Sam Knights and William Skeaping (eds) ANTHROPOLOGY 14 Michael Vatikiotis Te Lisu: Far from the Ruler by Michele Zack ASIAN LIBRARY 15 Sean Gleeson Cambodia 1975–1982 by Michael Vickery DIARY 17 Antony Dapiran Hong Kong burning SOCIETY 22 Joe Freeman McMindfulness: How Mindfulness Became the New Capitalist Spirituality by Ronald E. Purser BORNEO 23 James Weitz Te Last Wild Men of Borneo: A True Story of Death and Treasure by Carl Hofman SHORT STORY 24 Andrew Lam “Dear TC” POEMS Rory Harris “frayed”, “shoes” ESSAYS 25 Paul Arthur un\\martyred: [self-]vanishing presences in Vietnamese poetry by Nha Tuyen POETRY 26 Robert Yeo “Small town romance” SINGAPORE 27 Teophilus Kwek On the fence NEIGHBOURHOOD 29 Fahmi Mustafa George Town PROFILE 30 Abby Seif Wilfred Chan TRIBUTE 32 Greg Earl B.J. Habibie FILM 33 Alexander Wells Danger Close: Te Battle of Long Tan THE BOOKSELLER 34 Lok Man Law Albert Wan mekongreview.com
    [Show full text]