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IX
การตรวจสอบถ่วงดุลระหว่างฝ่ายนิติบัญญัติและฝ่ายบริหาร ภายใต้ระบบรัฐสภา

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.