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Constitutional Bricolage: Thailand's Sacred Monarchy vs. The Rule of Law: Constitutionalism in Asia

Autor Eugénie Mérieau
en Limba Engleză Paperback – 15 iun 2023
This book analyses the unique constitutional system in operation in Thailand as a continuous process of bricolage between various Western constitutional models and Buddhist doctrines of Kingship. Reflecting on the category of 'constitutional monarchy' and its relationship with notions of the rule of law, it investigates the hybridised semi-authoritarian, semi-liberal monarchy that exists in Thailand.

By studying constitutional texts and political practices in light of local legal doctrine, the book shows that the monarch's affirmation of extraordinary prerogative powers strongly rests on wider doctrinal claims about constitutionalism and the rule of law. This finding challenges commonly accepted assertions about Thailand, arguing that the King's political role is not the remnant of the 'unfinished' borrowing of Western constitutionalism, general disregard for the law, or cultural preference for 'charismatic authority', as generally thought.

Drawing on materials and sources not previously available in English, this important work provides a comprehensive and critical account of the Thai 'mixed constitutional monarchy' from the late 19th century to the present day.
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Specificații

ISBN-13: 9781509946815
ISBN-10: 1509946810
Pagini: 352
Dimensiuni: 158 x 232 x 20 mm
Greutate: 0.52 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Constitutionalism in Asia

Locul publicării:London, United Kingdom

Cuprins

1. Introduction: Is Thailand a Constitutional Monarchy?

PART I IMPORTING THE MODERN CONSTITUTION
2. Siam's First Constitutions: The Rise and Fall of the Sacred Monarchy
3. Legal Positivism and Buddhist Kingship: Establishing the King as the Source of the Constitution
4. From the Sacred Monarchy to the Sacred Constitution

PART II IMPORTING THE STATE OF EMERGENCY
5. Thailand's Cold War Constitutions: Constitutions for the Military
6. Revolutionary Legality and Buddhist Kingship: Theorising the King's Extra-Constitutional Powers in Times of Crisis
7. From Military Dictatorship to Military Dictatorship under (Sacred) Royal Command

PART III IMPORTING CONSTITUTIONAL JUSTICE
8. Thailand's Post-Cold War Constitutions: Constitutions for the Judiciary
9. The Rule of Law and Buddhist Kingship: Turning the Constitutional Court into a Substitute King
10. From Judicialisation at the King's Request to Juristocracy under Royal Command
11. Conclusion: Democracy with the King as Head of State: The Bricolage of Thai Constitutional Identity

Recenzii

As a work that explains in depth the evolution of monarchical domination over Thailand's various constitutions, it is unsurpassed.
Carefully researched and persuasively argued . [a] clear and well-documented account of the origins of a constitutionalism and its "own dogmatic logic."
Constitutional Bricolage is a significant contribution to Thai constitutional law literature. It offers a new approach to the subject and provides a richly detailed account of Thailand's constitutional history.
There is a lot to like in Mérieau's newest book, Constitutional Bricolage. As Mérieau high lights, the book does much that has often been lacking in studies of Thai and non-Western constitutions. This includes that it seeks to take Thai constitutions seriously, and that it is based on extensive research that covers not only secondary, but also a wide range of primary, sources . the book should be of interest not only to scholars of Thailand, but also to those interested in monarchies, the movement of legal ideas, comparative method, and legal history.
The most comprehensive analysis to date of the impact that foreign legal conceptual transplants have had on Thailand's constitutional topography.
Eugénie Mérieau is one of the finest scholars on Thai constitutional law . Constitutional Bricolage is a fascinating book. Thai legal history is the river less travelled, and Eugénie Mérieau has marvellously filled this void. The book is packed with interesting detail, not only for constitutional lawyers, but anyone interested in the topic of the Thai monarchy and politics.
Constitutional Bricolage offers a comprehensive understanding of Thai constitutional history through contextual legal studies.
A book of graceful sophistication in structure and of inspiring academic passion in substance.