Methods for obtaining, roles, duties and powers of the Senate According to The Constitution of the Kingdom of Thailand, B.E. 2017 A comparative study with England and the United States
Abstract:
The 2017 Constitution gives the Senate substantial transitional powers, including legislative authority and the power to check and balance the government, similar to the United States Senate. However, the origins of the Thai Senate, are through appointment, like the British House of Lords. The hybrid structure of legislative authority and appointment raises concerns about the role and effectiveness of the Thai Senate within the countrys democratic system. To address this issue, this study employed a comparative approach with the objectives:
(1) to examine the methods of appointment, roles, duties, and powers of Senate members, (2) to explore approaches for improving the structure of the Thai Senate, and (3) to propose an appropriate model of the Senate that aligns with Thailands political context. This study is qualitative research, utilizing semi-structured in-depth interviews with key informants, including current and former senators, former
members of the House of Representatives, experts in political science and law, former members of the National Legislative Assembly, Senate candidates under the 2017 Constitution, and members of the public, totaling 23 participants. Additionally, two focus group discussions were conducted to gather deeper insights, followed by content analysis. The study reveals that: (1) the method of appointment of the Thai Senate
closely resembles that of the British House of Lords, as it is based on appointment rather than election. However, the Thai Senate has broader powers and responsibilities as the 2017 Constitution grants it legislative authority, oversight of government administration, and approval of key appointments. These powers align more with the U.S. Senate, whose members are directly elected by the people. (2) To improve the Thai Senate, an integration of the strengths of both systems (The British appointment system and the U.S. electoral system) should be considered. This would allow for a balanced selection process, ensuring legislative oversight and approval of key appointments while maintaining its roles as a check-and-balance mechanism. However, judicial authority should be removed, as other institutions are
already responsible for such functions. (3) The most suitable model for the Thai Senate would involve indirect elections, where senators are selected through a nomination process managed by a Senate Selection Committee, whose members are elected directly by the people. This approach would ensure legitimacy and true representation of public interests.