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การตรวจสอบถ่วงดุลระหว่างฝ่ายนิติบัญญัติและฝ่ายบริหาร ภายใต้ระบบรัฐสภา การตรวจสอบถ่วงดุลระหว่างฝ่ายนิติบัญญัติและฝ่ายบริหาร ภายใต้ระบบรัฐสภา
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”?
According to the study, it has been found that;
1. No democratic countries with the Parliamentary system establish
the control mechanism so strong that the Government cannot normally act.
Additionally, no countries set the systems that empower the opposite side
to overthrow policies of the Government, the majority, for political reason.
2. The political control in the extraordinary case; i.e. the political
control by the Court, are limit to stop people’s right violation.
Therefore, these recommendations to amend the Constitution and
related laws are proposed;
1. To make the efficient mechanism of the control by parliament,
the fact that the Minister can be the member of the House of
Representatives at the same time must be forbidden,
2. The power to fact finding of the parliamentary committee should be
written as used to be in the Constitution of 2007, and
3. It should be written in the Constitution that the members of the
Parliament, with the approval of the persons who have right to vote,
can initiate the referendum.