Research - (Thai Version)
Author - Professor Dr. Nantawat Boramanand
pages - 401
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research is intended to propose an appropriate parliamentary system for
Thailand. The proposal is divided into 4 (four) aspects.
on factors of and procedures for recruitment of members of Parliament (MPs).
the numbers of Members of Parliament (MPs) to 500 persons, 100 persons amongst
them are elected from the party list nomination with the country as a
constituency and without the minimum votes required for a successful candidate
of the party list, which is a requirement under the Constitution Law B.E. 2540.
Each of the remaining 400 MPs is elected based on provincially divided election
the method of the vote counts to the collective votes of each and every polling
station are counted altogether at a single designated place, as required under
the Constitution Law B.E. 2540.
of certain prohibitions on political campaigns in order to reduce the
influenced role of the election canvassers of MP candidates.
of a qualification of candidates for MPs election which requires each of them
being a member of the political party, nevertheless continued support of
political party system is still required in order to prevent ?dictatorship of political
on the factors of and the procedures for recruitment of senators.
the numbers of senators to 200 persons, divided as follows:
(1) Senator by position,
amongst whom, (1.1) 20 senators are Permanent Secretaries according to
Reorganization of Ministry, Bureau and Department Act B.E. 2545, (1.2) 3 senators are
the Chief of General Staff, the Commander-in-Chief of the Royal Thai Navy and
the Chief of the Air Staff, (1.3) the Commissioner-General, (1.4) the representatives of the Council of Professionals, according
to the Council of Professionals Establishment Act, and (1.5) the representatives of local administrative
organizations, being selected in accordance with the Act Prescribing the Plan
and Sequence of Delegating Authority to the Local. Administration Agency
(2) Senator by recruitment from social organizations or representatives of various
professions, who are the representatives of the following associations and organizations: (2.1) the State
Enterprise Employee Associations and Public Organizations, (2.2) the Labour Unions,
(2.3) the Agricultural Profession Association, (2.4) the Industrial
Profession Association, (2.5) the Trade and Service Profession
Association, (2.6) the Cooperative Coop, (2.7) the associations and foundations, with main objectives related
to local development, urban development, natural and environmental resource
management, alternative agricultural management or appropriately technological
management, (2.8) the associations and foundations,
with main objectives related to the development of the vulnerable, i.e.
children, juveniles, women, handicaps or ill-persons. (2.9) the associations
and foundations, with main objectives related to the rights and freedom of
citizen, the consumers? rights, the advocacy of democracy or labour
development, and (2.10) the associations and foundations,
with main objectives related to the public health, the
education, or the art and culture.
process for recruitment of the representatives from social organizations or
various professions is divided into 2 stages, that is to say, at the first
stage, each of the associations, foundations, unions, and coops according to
(2.1) to (2.2) selects their own representatives for the numbers of as many as
five times of the total numbers of the representatives who will be recruited to
be the senators. The selected representatives of each association, foundation,
union and coop will be thereafter selected by the ?Senator Recruitment
Committee,? based on the numbers, rules and regulations and procedures specified
in the Senator Recruitment
Act governing the Orderliness in Referendum on Draft Constitution. The Senator
Recruitment Committee consists of (1) the Speaker of the House of
Representatives, (2) the Leader of the Opposition, (3) the Prime Minister, (4)
the President of the Constitutional Court, (5) the President of the Supreme Court, (6) the President
of the Administrative Court, (7) the President of the Election Commission of
Thailand, (8) the President of the
Ombudsman, (9) the President of the National Counter
Corruption Commission, (10) the President of the State
Audit Commission, (11) the President of the National Human
Rights Committee, (12) the President of the National
Economic and Social Advisory Council and (13) the Attorney
on the establishment of an appropriate relationship between the parliament and
of the mandatory regulation on a qualification of candidates for MPs election
which requires each of them being a member of the political party.
(2) Specification of the criteria on submission
of a proposal of censure debate against the Prime Minister in accordance with
the Constitutional Law B.E. 2550, in order to allow
the minority votes to present information and to criticize the performance of the
administrative power. This approach will be benefited to citizens and encourage
political learning among people.
(3) Distinction of the
legislative power from the administrative power by prohibiting members of the
Parliament from holding office of the ministers at the same occasion, this
approach will improve stability and efficiency of the government and limit the ministers?
performance to the guidelines set forth the Cabinet, which is under supervision
of the prime minister. Especially, in case of a coalition government, the political
parties in the coalition government will have less bargaining power to
negotiate with the prime minister, because if the prime minister decided to restructure
the Cabinet or to unseat any minister, such departing minister will no longer
be able to hold the office of MPs, as they could do previously.
on the forward steps to be a welfare state of Thailand.
restructure the parliamentary system which will lead to the fairness
allocations of the resources and economic profits with the main purposes to
create the welfare state of Thailand and to free Thai people from populism
policy of the political parties, the Constitution Law must be enacted so as to provide
people of all classes with more and equivalent access to the resources and
economic profits. In addition, the Constitution Law must require that the taxation
system be adjusted to increase the state earnings to be used for the welfare
management. Therefore, Constitution Law must require an establishment of the
?National Welfare Committee? composed of a tripartite, being appointed from the
representatives of governmental agencies, public and academic sphere. The Committee
will have authority to set out plans and procedures for fairness allocations of
resources and economic profits. As well, the Committee will act as an advisory
body advising the Cabinet to propose to the Parliament the draft of laws which
stipulate the rights and obligations of the citizen to facilitate their
accesses to resources and economic profits and the sources of income or budget
of the state, for main objective, which is to restructure Thailand as the ?welfare