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112 ENHANCING ELECTIONS AS INSTRUMENTS OF DEMOCRACY IN THE ASEAN REGION
To conclude, the principle of independence is crucial for the
Election Commission to perform their duties without intervention from
any external sectors, including the legislative, executive, and judicial
branches. Yet, mechanisms for checks and balances and accountability
are still required, as the Election Commission is expected by both the
public and the Constitution to hold a higher standard of performance
than public organizations in general, given that the Constitution provides
special authorities to the Election Commission. As a result, if the Election
Commission cannot prove their efficiency with empirical results, a question
concerning the necessity and worthiness to maintain this organ under
the Constitution may be raised.
3. The suitability of centralizing administrative, legislative and
quasi-judicial powers
The issue of whether it is suitable to include administrative
power, legislative power and the power of electoral dispute adjudication
(quasi-judicial power) within the Election Commission’s authorities has
been critically discussed among the Thai political scientists and politicians,
particularly during the period of national reform.
A variety of opinions and attitudes were raised, probably on the
grounds of different perceptions of the principle or concept of separation
of powers. However, most opinions tend to agree that an organization
with the authority to monitor the use of state power is subject to be
monitored by other organizations, under the system of checks and
balances, a basic principle of rule of law societies. Moreover, it is wrong
in principle to include all branches of powers in one organization, for we