Independent Bodies and Their Function as Checks and Balances Mechanism

Abstract

The independent bodies in Thailand were established for the purpose of functioning as mechanisms to provide checks and balances on the executive, the legislature, and the judiciary in order to prevent them from exercising power in
ways that are unlawful, or inconsistent with the country’s and the general public’s interests. They were first established under the 1997 Constitution. Their existence was unable to provide checks nor balances in the political system, so the
independent bodies were suspended for a short while by the 2006 coup d’etat. However, the 2007 Constitution and the 2017 Constitution maintained the independent bodies in the political system, with some changes to the qualifications
of independent bodies’ commissioners, the composition of the independent body boards, the composition of member selection boards, terms of office of the independent bodies’ commissioners, etc. Despite the amendments, the
performance of the independent bodies have not been able to meet the purposes set by the constitutions, especially the degree of independence, specialization, and bravery in doing their duties as experience professionals. According to our survey of independent semi-independent oversight bodies of foreign countries, including China, Hong Kong, South Korea, the US, and Malaysia, their performance in these places can be claimed to be relatively effective and successful. All the
independent or semi-independent bodies must be affiliated or have close ties to a major institution of the country, either the legislature, the chief executive, or the courts of justice. They are not a small, isolated, or lacking a major national
institution ally with or to give protection.