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Executive Summary

In parliamentary democracy system, the Head of Government requires confidence
from legislative body directly elected by people. In other words, the legislative body are

entitled to control the government by submitting a motion for a debate or for the purpose of
passing a vote of no-confidence in and individual Minister or the Council of Ministers en masse.
In return, the Government is able to dissolve the House of Representative to call for a new

election. Although this system, including its mechanisms, are applied in several democratic
countries, they have faced the different evolutions and results and they are still searching for

an appropriate form of relationship between legislative and executive branch which can lead
to a proper check and balance system.

In Thailand, since the democratic revolution in 1932, all Constitutions establish the
parliamentary system. Before the enactment of the Constitution of 1997 (B.E. 2550), the
problem of unstable Government has been faced for a long time. Therefore, the political

reform under the Constitution of 1997 aimed to found the stable and strong Government by
adapting the mechanism under the Constitution of Republic of France. Additionally, the same

Constitution also set up the administrative and constitutionality control system. However,
other problems under the political system of such Constitution slightly appeared. To explain

this point, generally in the Parliamentary system, the Head of Government comes from the
majority of the members of House of Representatives that means automatically that the

majority and the Government are in the same side and the efficiency of control by the
parliament is one of the questions that has always been doubted. As a result of the enactment
of the Constitution of 1997, the opposite side cannot request of the vote of no confidence as

the Government almost absolutely won the election. Although several political control
mechanisms have been set in the Constitutions after the one of 1997, they are criticized that

they turned the political problems to the legal problems, which have to be judged by the
Court instead of political organization where the win-win situation is impossible in the end.

Therefore, this research focus on resolve the weak points of check and balance
mechanisms in the Parliamentary system to propose the recommendation in the case of
Thailand. This research is conducted under the concept to find the efficient Government

control by the Parliament while the Government is still stable to answer the question “How
to encourage the political control by the Parliament under the parliamentary system where

the Government and the majority of the members of House of Representatives are in the
same side”?

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