
The supremacy of the rule of law provides the single most important underpinning of the democracy that Thailand is now trying to rebuild. The administrative, legislative and judicial branches of government must coexist, function and interact in a way that ensures an effective system of checks and balances. This is essential in a parliamentary democracy in which the same group of people holding sway in the administration also dominates the legislature. The Democrat Party, the second-largest political party, is set to become the sole opposition party in the House of Representatives. The party, also the country's oldest, appears up to the task of keeping the government on its toes.
But the opposition can only do so much to scrutinise the government's policies, monitor its performance, and even sway public opinion by using its powers of persuasion. The judiciary plays a crucial role in guaranteeing that all - from the most powerful politicians and the wealthiest businessmen to common citizens and the underprivileged - are equal in the eyes of the law. Even politicians who have taken office through democratic elections are expected to strictly obey the law both as private citizens and as holders of public office.
Despite the establishment of parliamentary democracy under a constitutional monarchy 75 years ago, Thai politics continues to be mired in corruption and there is still a criminal element among politicians, as reflected in widespread vote-buying and electoral fraud.
That's why the country also needs other independent institutions to not only make politicians accountable to the public they promise to serve, but also to make sure they gain power fairly and stay honest.
These institutions include the Constitution Court, the Senate, and the Election Commission among others. The problem is these agencies are still in the early stages of their development and have proven vulnerable to manipulation by corrupt politicians.
What happened to Thailand during the Thaksin regime should serve as a reminder that democratic institutions need the support of a vigilant and politically engaged public to stay true to their lofty principles and to serve their intended purposes.
As the arbiter of constitutional disputes, the previous Constitution Court was among the most powerful of democratic institutions. Designated the upper chamber of Parliament, the previous Senate was supposed to vet proposed laws based on their merits in terms of public interest - not partisan interest. The previous Election Commission was supposed to ensure free and fair elections - not to kow-tow to the powers-that-be. These institutions proved to be no match for a tenacious politician backed by deep pockets and the virtually limitless powers of patronage. Many of the previous holders of these high offices sold their souls, upset the political equilibrium and ultimately contributed to the undermining of democracy, leading to political crisis that culminated in a power seizure by the military.
Thai people must learn from this painful lesson and must not allow such wholesale political corruption to happen again.
The absolute political corruption that ultimately sank Thailand's democracy on September 19, 2006 initially came in small increments with tacit approval by a politically apathetic public which kept making allowances for Thaksin's tendencies to bend rules to advance his own interests, to roll back civil liberties and to muzzle dissenting voices. People allowed Thaksin to do all this because they fell for his charisma and populist policies. At the height of Thaksin's power, many people even subscribed to the cynical notion that it was okay for politicians to cheat, steal and engage in corrupt practices as long as they were able to project the perception of strong economic growth.
Democracy-loving people's demands for good governance, sound economic stewardship, justice and civil liberties were drowned out by the deafening cheers of Thaksin's supporters.
Many people have woken up to reality and realised that they had been had. But many continue to be enamoured by Thaksin's allure.
If we are to learn from our mistakes and not be condemned to repeat them, the mass media, academics, non-governmental organisations and members of the civil society must stay alert, monitor the performance of democratic institutions, raise their voices, and demand corrective action if any institution fails to live up to the lofty principles set down by the Constitution, while at the same time giving full support to those doing their jobs well.
The Nation