A COMPARATIVE STUDY OF THE CONSTITUTIONAL LAWS OF THE KINGDOM OF THAILAND AND JAPAN: A STUDY OF THE PROCESS OF APPOINTING MEMBERS OF THE SENATE

Abstract

The objectives of this research are as follows: 1. to study the concepts and theories related to the structure, origin, roles, and authority of the Senate in the Kingdom of Thailand and Japan, 2. to analyze the impact of the Senate’s origin on the political systems and democratic principles in Thailand and Japan. The study employs qualitative research methodology, specifically documentary research, by gathering data from legal documents, textbooks, judicial decisions, and comparing the laws with those of other countries. The findings are presented using descriptive methods.

The research findings reveal that: 1. The Thai Senate under the 2017 Constitution is appointed by the National Council for Peace and Order (NCPO), which has led to criticism regarding its lack of transparency and failure to reflect democracy, as it is not elected directly. The Senate plays a role in overseeing the government and selecting the Prime Minister. However, most appointed members raise concerns about independence and the balance of power. In contrast, the Japanese Senate has members directly elected by the people, reflecting democracy and playing a role in government oversight. While it is legitimate, it has been criticized for potentially overlapping with the House of Representatives and lacking comprehensive representation of all population groups. 2. The current Thai Senate, appointed by the NCPO, lacks legitimacy due to the absence of direct elections, raising concerns about democracy, independence, and transparency in its role in selecting the Prime Minister and overseeing the government. This could lead to bias towards the appointing authority, resulting in a lack of public trust in the Thai political system. On the other hand, the Japanese Senate is directly elected by the people, reflecting democracy and strengthening its legitimacy as a representative of the people. This electoral process promotes public participation and enhances confidence in the stability of the political system, as the Senate plays an effective role in balancing power and overseeing the work of the lower house, increasing transparency and public trust.