The Oversight of the System of Checks and Balances Between the Legislative, Executive, and Judicial Branches Under the Constitution of the Kingdom of Thailand 2017

Abstract

This research aims to (1) analyze the structure of the separation and balance of powers among the legislative, executive, and judicial branches under the Constitution of the Kingdom of Thailand B.E. 2560 (2017); (2) compare the Thai constitutional mechanisms of checks and balances with the classical theory of Montesquieu and with constitutional systems in France and Germany; and (3) propose policy recommendations to improve the balance of power to ensure greater transparency and alignment with democratic principles in the Thai context. The study employs a documentary research methodology by examining theoretical literature, constitutional law, academic papers, and case studies from both domestic and international sources, including a comparative analysis of legal provisions and political contexts. The findings reveal that while the Thai Constitution formally establishes the principle of separation of powers, in practice, the system of checks and balances remains asymmetrical. Particularly, the expansion of authority of independent bodies and the Constitutional Court—despite their broad influence over the political branches—lacks adequate accountability mechanisms. This undermines the representative power of the people and weakens the effectiveness of institutional oversight, resulting in legislative and executive decisions that fail to reflect the democratic will. Compared with Montesquieu’s original theory and the constitutional structures of France and Germany, it is evident that these countries have more balanced systems, with institutional arrangements that allow for mutual oversight and maintain a strong linkage with the people. In contrast, Thailand continues to face challenges with powerful institutions lacking transparency and sufficient accountability. The research proposes structural reforms, including clearly defining the scope of authority of the Constitutional Court and independent bodies within legal limits, and strengthening public oversight and institutional accountability mechanisms. These reforms aim to establish a checks-and-balances system that is transparent, equitable, and genuinely consistent with democratic principles in the Thai political landscape.