Lawfare in the 21st century : The Constitutional Court vs Democracy in Thailand

Against established theories linking constitutional courts to democratization, the introduction of constitutional review in Thailand in the late 20th century has led to democratic breakdown in the 21st century. Since its creation, the Thai Constitutional Court has dissolved most, if not all, of the pro-democracy, anti-military political parties, dismissed almost all elected prime ministers to date, and paved the way for two military coups in 2006 and 2014. It has upheld the lese-majeste law and ruled any attempt to reform it as anticonstitutional, while ruling democratic constitutional amendments as unconstitutional. This talk will analyze recent Thai Constitutional Courts cases targeting the youth movement and the Future Forward Party, and offer reflections on the future of lawfare in Thailand. 

Eugénie Mérieau is Associate Professor of Public Law at the University of Paris 1 Panthéon-Sorbonne, and a member of the Sorbonne Institute of Legal and Philosophical Research (CNRS). She is also an associate researcher at the Centre for International Research, Sciences Po Paris, and the Centre for Asian Legal Studies, National University of Singapore. A specialist of authoritarian constitutionalism, she has published extensively on Thai law and politics. Her latest book, "Constitutional Bricolage : Thailand's Sacred Monarchy vs the Rule of Law" was published by Hart in 2022.