LAW ON THE ACQUISITION OF SENATORS UNDER THE CONSTITUTION OF THE KINGDOM OF THAILAND

Abstract

This research aims to study 1) the problems and obstacles in obtaining members of the Senate under the 2017 Constitution of the Kingdom of Thailand, and 2) the concepts, theories, and laws concerning the acquisition of members of the Senate under the Constitution of the Kingdom of Thailand and in other countries. 3) This qualitative research aims to present a suitable law on the acquisition of senators under the Constitution of the Kingdom of Thailand. Data was collected from 25 key informants using structured in-depth interviews. Content analysis was conducted using descriptive methods.

The research findings revealed that: 1. Problems and obstacles in obtaining senators under the 2017 Constitution include the fact that the occupational grouping is unclear, incomplete, and does not align with the current social context. This leads to problems of interpretation and cross-group applications. Furthermore, the self-selection system among candidates at the district, provincial, and national levels opens the door to vote buying, collusion, or domination by political groups and influential figures, and does not directly account for the people. 2. The concept and laws governing the selection of senators under the 2017 Constitution stipulate that 200 senators will be elected from among candidates to scrutinize legislation, oversee the executive branch, and appoint independent organizations. This differs from the 1997 and 2007 Constitutions, which emphasized direct election or semi-selection by the people, while other countries have diverse models for senators. For example, England uses appointments, the United States, Japan, and the Philippines use elections by the people, while France uses local representatives for election. These differences reflect the concept of balancing political efficiency with accountability in a democracy. 3. The integration of the five core principles of faith and trust with the law governing the acquisition of senators aims to build public confidence in the political process. The law must be transparent, verifiable, and prioritize the public interest. The legitimacy of senators stems from the provisions of the law. And Public acceptance that the selection process is fair, and the design of the law, should therefore provide opportunities for citizens to participate directly in the election of senators, in order to strengthen trust, accountability to the people, and the stability of the democratic system.