Nationalistic History in Thai Constitutional Court Rulings

Ever since youth-led protests erupted in 2020, Thailand has seen an unprecedented rise in the number of political prisoners. Many individuals who exercised their right to freedom of expression to openly criticize the Thai monarchy have found themselves indicted and detained under Article 112 of the Thai Criminal Code. This paper aims to challenge the nationalistic historical approach evident in Thai Constitutional Court rulings related to Article 112 by applying non-traditional narratives of Thai history. The argument is that the Court cannot claim that limitations on criticism of the monarchy and Article 112 are part of the “Spirit of the Thai National Community” because the Court failed to consider alternative viewpoints on Thai history besides “Royal Nationalism.” Additionally, the Court neglected the legal history of the lèse- majesté offense and how it demonstrates that the offence was a creation induced by the Thai ruling class without any popular consensus.