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King Prajadhipok’s Institute 113

have been warned since an ancient time from Lord Acton who asserted
that “Power tends to corrupt, and absolute power corrupts absolutely.

Great men are almost always bad men.”

As a result, it is more suitable to provide different organizations

with different powers in order to enable mutual checks and balances
through the principle of “restraining power with power.” This is believed
to prevent an abuse of power, which will genuinely ensure that the rights,

liberty, and equality among the Thai people will be protected.

This principle also applies to the Election Commission. The power
of electoral administration requires the power to stipulate relevant rules

and regulations to enable a successful election aimed by the Constitution.
The power of adjudication of electoral disputes is a quasi-judicial power,

which affects both the principle of rights and freedoms and the extent
to which an honest and fair election is achieved. That is, the Election
Commission stipulates rules and regulations and enforces them with

candidates and political parties being stakeholders who are directly
affected. The Election Commission, in this case, becomes a stakeholder

or even a disputant of an electoral dispute. The power of adjudication
of disputes given to the Electoral Commission is, therefore, inappropriate
as a judge shall not be a stakeholder of a case he/she resolves.

4. Assessment of the performance achievement of the Election
Commission

The four main powers and duties of the Election Commission
are as follows: