Problem of Administrative Control by the Principle of Legality of Administrative Actions: Study and Analysis from the Concept to the Guideline for the Achievement of Performance of Administrative Function

Authors

  • Tripecth Jitmahuema Faculty of Law Sripatum University
  • Patcha Jitmahuema Director Administrative Law Case and Analysis Section, Administrative Law Division, Office of the Council of State and Special Lecturer of Faculty of Law, Master of Laws Program, Sripatum University (SPU), Bangkok
  • Natthaphon Anchan Faculty of Law, Nakhon Phanom University

Keywords:

Administrative department, Government agencies, Administrative action, Principle of law

Abstract

The research of the problem of parental control based on the legality of administrative action is aimed at 1) to study the origin of the problem state Regarding various criteria, guidelines for administrative acts, Act Establishment of Administrative Courts and Administrative Court Procedure B.E. With general principles And the legality principles of administrative acts of government agencies; Internal measures of the administrative department Administrative contract And administrative juristic acts 4) to improve research results according to the Act Establishment of Administrative Courts and Administrative Court Procedure B.E. 2542 Section 3, which will benefit the judicial government agency exercising administrative power or assigned to exercise administrative power. The questionnaire was used as a tool to collect information from the administrative court officials. Legal and public in the area of ​​Nakhon Phanom Province And other provinces qualitative research from documents, books, texts, ordinances, research articles and petitions. The research found that 1) According to the Act Establishing the Administrative Court and Administrative Court Procedure B.E. 1999 did not appear that word Government agency This may result in the administrative proceedings on various cases such as the state versus the people, the state and the private sector, which are government agencies, are different from the Constitution of the Kingdom of Thailand 2017 and other laws in confusion. Legal interpretation In the use of the phrase 2) Legislation with a definition that is different from the Constitution of the Kingdom of Thailand and other laws. May cause inconsistencies in the provisions of the law. 3) Principles of administrative action are often ignored or ignored by the administrative proceedings. And leave it to the judiciary to control and monitor administrative acts

Downloads

Published

2021-10-04

Issue

Section

บทความวิจัย (Research article)