A leading academic yesterday urged the three top courts to use their "power of judicial review" to pull the country out of its political crisis by reinstalling checks and balances in the executive and legislative branches.

Thirayuth Boonmi of Thammasat University endorsed the political roles of the Supreme Court, the Constitution Court and the Administrative Court, and said they represent a normal part of the democratic process employed by many developed countries to prevent abuse of power by their governments and parliaments.

"Although the power of the people was a major force in bringing Thailand out of several political crises in the past, such power now has reached its limit," said Thirayuth, himself a former student leader opposing the military dictatorship in 1973.

"Politics of 'majoritism' or the '16 millionism' [the 16 million votes received by the Thai Rak Thai Party in the April 2 election] is too strong. The only remaining hope lies with the judicial institutions to come forward to create a balance in Thai politics," he said.

"I'm not trying to tell the courts what to do, but I'm afraid without their significant intervention the country could plunge into what I call 'grassroots dictatorship' - a dictator system supported by rural people who benefit from populist policies."

Thirayuth presented his analysis yesterday at a public forum organised by the business semi-weekly Prachachart Turakij entitled, "Thailand in Crisis: Chased by Capitalism".

In "mothers of democracy" like the United States, France and other European countries, "judicial review or judicialisation of politics" give courts the power to review a law or an official government act for constitutionality, explained Thirayuth, a professor of sociology.

"Since 1803, courts in the United States, for example, have played a major role in protecting public benefits against politicians working hand in hand with large corporations," he said.

After being advised by the King to explore all legal options to extract the country from its "political mess", the Constitution Court nullified the April 2 election. Its president, along with his counterparts at the Supreme and Administrative courts, encouraged the Election Commission to step down because it had lost public trust in organising free and fair elections.

Thirayuth said it was the King's customary power to point towards an exit when the country found itself in a crisis.

The academic said the courts' role should extend beyond making sure the next election follows the democratic process. The courts should use their power of judicial review to assist in the wider political reform process to re-establish checks and balances over the long run.

"Only by identifying the right problems can we come up with the right solution," Thirayuth said. "The problems are not only about Thaksin and the election, but the fact the entire checks-and-balances system of the country has been crippled."

Nantiya Tangwisutijit

The Nation