Issues and Proposals for Enhancing Parliamentary Independence within the Framework of the Code of Conduct for Members of Parliament in the Thai Legal System

Abstract

This article analyzes the problems and proposes approaches to enhancing the
independence of Parliament under the mechanisms of the Code of Ethics for Members
of Parliament in the Thai legal system. It begins by outlining the theoretical foundation
of the code of ethics, which derives from the integration of democratic principles and
the rule of law—core elements of liberal democracy. In Western legal systems, codes
of ethics are designed on the premise that Parliament must possess privileges,
immunities, and the authority to regulate its own internal affairs, thereby preventing
interference from external institutions such as the government or the judiciary, while
simultaneously ensuring transparency and accountability to the public.

However, when this concept was transplanted into the Thai legal context, inconsistencies arose between the original model and Thailand’s legal culture, rooted
in feudal traditions and Buddhist values. This led to a distortion of the intended
mechanisms, most notably through the empowerment of external bodies—the
Constitutional Court, the Supreme Court, and the National Anti-Corruption Commission—to oversee and adjudicate ethical violations by parliamentarians. Such an arrangement diverges from international practice, where disciplinary authority is
reserved for Parliament itself under the principle of parliamentary autonomy.
Consequently, the independence of Parliament has been undermined, allowing elected
representatives’ functions to be dominated by unelected bodies.

To address these issues, this article proposes structural reforms: (1) reaffirming
parliamentary autonomy in supervising and disciplining its members through internal
mechanisms, such as parliamentary ethics committees independent from both the
executive and judiciary; and (2) promoting political accountability through electoral
processes rather than excessive reliance on judicial intervention. These proposals aim
to restore balance between the rule of law and democracy in a manner consistent with
Thailand’s constitutional framework, while safeguarding the dignity and credibility of
Parliament as the representative institution of the people.