Democratic Breakdown through Lawfare by Constitutional Courts
The Case of Post-"Democratic Transition" Thailand
Dados Bibliográficos
| ID | 2914745 |
|---|---|
| Autores | Eugénie Mérieau (University of Paris 1 Panthéon-Sorbonne, France, autor correspondente) |
| Ano | 2022 |
| Volume | 95 |
| Fascículo | 3 |
| Páginas | 475-496 |
| Data de publicação | 2022-09-01 |
| Peer Reviewed | Sim |
| Open Access | Não |
| Tipo | ARTICLE |
| Periódico | Pacific Affairs (JOURNAL) |
| Identificadores do periódico | ISSN: 0030-851X • E-ISSN: 1715-3379 |
| Editora | Pacific Affairs (PUBLISHER) |
| DOI | 10.5509/2022953475 |
| OpenAlex | W4293772743 |
| Idioma | EN |
| Citações recebidas | 3 |
| Referências citadas | 14 |
Third-wave democracies have massively adopted mechanisms of judicial review, notably constitutional courts, considered key institutions of successful democratic transitions. By preventing abuses of the constitution and safeguarding people's rights, they act as a bulwark against the claims of potential autocrats. In Thailand, the 1997 democratic transition led to the adoption of a powerful constitutional court tasked with safeguarding democracy from the threats of populism, corruption, and authoritarianism. Yet since its inception, the court's record has been puzzling. It has dissolved most, if not all, of the pro-democracy, anti-military political parties, dismissed all elected prime ministers, and paved the way for two military coups. In short, against established theories linking constitutional courts to democratization, the introduction of constitutional review in Thailand has led to democratic breakdown. To make sense of this puzzle, this article will investigate three variables of the court-strategic interests, ideologies, and institutional design-within the larger bureaucratic structure of the Thai state, to account for the anti-democratic behaviour of Thailand's Constitutional Court. This piece considers materials in Thai and English
Authoritarianism · Bureaucracy · Constitution · Constitutional court · Democracy · Democratization · Liberal democracy · Political economy · Political science · Politics · Populism · Safeguarding · Sociology · State (computer science) · Asian Studies and History · Judicial and Constitutional Studies · Law · Southeast Asian Sociopolitical Studies
The Puzzling (In)Dependence of Courts
IX.—Essentially Contested Concepts
Judicialization of politics or politicization of the judiciary? Considerations from recent events in Thailand
What’s Wrong with Militant Democracy
The Judicialization of Mega-Politics and the Rise of Political Courts
Network monarchy and legitimacy crises in Thailand
Forces and Mechanisms in the Constitution-Making Process
Coloured Judgements? The Work of the Thai Constitutional Court, 1998-2016
Thailand's Deep State, Royal Power and the Constitutional Court (1997-2015)
Militant Democracy and Fundamental Rights, I
| Obras citantes distintas | 3 |
|---|---|
| Citações por ano | 1 |
| Intervalo de citações | 2023 - 2025 (3) |
| Velocidade de citação | recent |
| Altamente citado | Não |
| Tipos de citação | Neutras: 2 |