THE PROACTIVE ROLE OF THE OMBUDSMAN OF THAILAND IN INVESTIGATING THE EXECUTION OF ADMINISTRATIVE POWER

Abstract

           This research aims to study the proactive role, including problems and obstacles as well as ways to increase the effectiveness, of the Ombudsman of Thailand in examining the implementation of State power through adjustments of authorities and functions pursuant to qualitative research methods, which consist of document research, observation, and in-depth interviews. Researchers have selected 26 specific informants in total. Result of the study showed that the Ombudsman had performed a passive role, rather than taking an active action in accordance with the spirit of constitution. The problems and obstacles that affected such behavior were 1) the interpretation of the organization's status when it was first established, 2) background of the Ombudsman, 3) the Ombudsman recruitment process, 4) the setting up of proactive role policy by the Ombudsman, 5) the lack of research agency to produce a proactive role policy 6) no frame of bringing public issues or complaints up for consideration when there were no clear complainants which caused the Ombudsman to neglect his duty to take a proactive role in examining the exercise of State power. The findings of the study concluded that the Ombudsman recruitment process should be corrected/amended, corporate philosophy as well as proactive policy-making by the Ombudsman should be adapted using the concept of being a fire protector capable of protecting/defending public benefits by taking the initiative to raise public issues or complaints for their own consideration despite no complainants as their main approach. The setting up of the standard policy with clear operating guidelines and credible reasons that can be made public will enhance the Ombudsman’s role to be more proactive than they currently are and become a proactive alternative organization capable of resolving administrative systems and unfair laws that cause trouble or injustice to people as intended by the spirit of constitution.