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Published on January 25, 2008

The appointment of Yongyuth Tiyapairat as the House Speaker paves the way for the appointment of the new prime minister and formation of a six-party coalition government led by the People Power Party. After the prime minister swears in his Cabinet and takes over from the interim Surayud administration, Thailand will officially revert to democracy after more than 16 months under military rule. But the way back to full democracy is lined with pitfalls. Thailand will need first to rebuild the system of checks and balances between the administrative, legislative and judicial branches of government, and allow them to work the way they were intended.

Among the three branches, the judiciary seems to have weathered the political storms remarkably well. It has been relatively free from political interference in recent years thanks to a strong corporate culture and the high standard of professionalism and integrity of the great majority of judges.

On the other hand, the country's parliamentary democracy, which had been subjected to the most cynical manipulation and abuse by deposed prime minister Thaksin Shinawatra during his five and a half years in power, needs a lot of fixing.

As prime minister and leader of the Thai Rak Thai Party, which wielded an overwhelming majority, Thaksin treated the House of Representatives with disdain. His relationship with Thai Rak Thai MPs was based on the power of patronage, in which their allegiance to him was maintained and paid for by him and the party's key financiers.

Thai Rak Thai MPs appointed as the speaker and deputy speakers in the Thaksin administrations confused their legislative role with subservience to Thai Rak Thai law-makers, who had to obediently serve Thaksin's every whim. What happened was described by some political observers as a "parliamentary dictatorship".

Instead of functioning as a law-making body and a venue for robust discussion of policies and consultation on affairs of state and national development, the previous House - as the result of TRT's majority - was turned into a rubber stamp.

The first thing that must be restored as a matter of urgency is a proper working relationship between the administrative and legislative branches, which are supposed to have mutual respect for one another's different but complementary roles.

Although the political parties that make up the administrative branch usually also dominate the House of Representatives, MPs, regardless of their party affiliation, should be allowed to participate in free debate on issues of national importance that can affect society as a whole. Although as party members, MPs have an obligation to toe the party line, law-makers of all political stripes must know that their ultimate allegiance lies with the people they have promised to serve.

A good working relationship between the administration and the legislature must start at the top. The new House speaker, in discharging his extremely important duty, must be able to demonstrate beyond reasonable doubt that he serves the best interests of the Thai people and not just those of his party.

Let's not forget that the head of the House of Representatives is supposed to be equal in status to the prime minister and the Supreme Court Chief Justice, and must therefore conduct himself in a way that upholds the dignity of this high office.

As House speaker he must ensure smooth proceedings, including fair allocation of opportunities for MPs from the government and the opposition camps to debate issues at hand. This is to ensure that even dissenting voices from the minority political forces in Parliament are heard.

That's why the Constitution forbids those who serve as House speaker and deputy speakers to also sit on the executive committee of a political party, so as to isolate them from direct control by their political master under the party system. The division of labour among MPs from different parties serving on standing House committees charged with scrutinising legislation must be based on merit.

The maturation and sustainability of Thailand's fledgling democracy depends on how successfully the three branches of government maintain the delicate political equilibrium while also working together in the service of the people.

The Nation