EFFICIENCY OF THE USE OF LEGISLATIVE POWER BY HOUSE OF REPRESENTATIVES COMMISSIONS

Abstract

This article analyzes the efficiency of legislative exercise by House of Representatives Commissions in Thailand. Determination of duties and powers of committees by Section 129 of the Constitution of the Kingdom of Thailand, B.E. 2560 (2017) and House of Representatives regulations (2019) contain limitations due to committee use of legislative power inconsistent with separation of powers. Determining fact-finding methods also lacks clarity and is uncomprehensive, not including formal guidelines for hearing opinions from the public or related parties. As a consequence, a draft bill on inefficient information was presented to the Council for representatives to use in legislative discussions and decision-making. In addition, the Standing Committee lacks a concrete role in legislative development. Simultaneously, Article 90 of the House of Representatives 2019 regulations still do not appear to authorize the committee to monitor law enforcement efficiency, considered a key task of Houses of Representatives committees internationally.

To address this issue, the concept of controlling administration of state affairs, as parliamentary power as elected representatives to make laws and monitor the executive branch in legal and policy implementation, was studied. The goal was to ensure appropriate use of executive power according to the separation of powers. Exercise of sovereignty of the executive and legislative branches are mutually independent and interactive, protecting their individual rights by restraining and supporting activities of their counterpart through checks and balances facilitating performance of duties according to discreet constitutional powers. Each party should be prevented from using power beyond its boundaries, to attain a balanced, efficient use of different powers.

Indirectly controlling the administration of state affairs through the commission system is considered a practical approach flexibly covering all forms of legal and policy administrative audits. Analysis of the efficiency of foreign committee exercise of power, as an example for Thailand, indicates that the United States House of Representatives committee exercise of power could freely balance executive power and maximize the benefit of the people in accordance with the separation of powers principle. This is due to a systematic method for decentralizing powers or division of council work among committees, according them full legislative powers. This also pertains to the House of Commons Commission of England, a prototype for the Thai Parliament, although political governance based on the separation of powers allows the executive branch to influence the commission's consideration of bills. But a screening committee participates in considering and examining laws before the legislative process and after promulgation to increase efficiency of legislative work and development Commission expertise in legal analysis. These findings may be adopted by Thailand to apply as operational guidelines to increase robustness of the Thai Commission system.