Roles of Judge-Commissioner of Justice in Procedure of Thai Administrative Court: In Comparison to Procedure of Other Court Systems Employing Inquisitorial System
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Abstract
According to the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542 which is administrative court establishment law, inquisitorial system is in procedure of administrative court and the judge-commissioner of Justice is provided to propose the statement to a panel of judges to make a judicial decision before the administrative court’s judgement or judicial order is issued. The purpose is to balance judgement or judicial order to get the accurate one. Furthermore, this exhibits good faith of judicial decision of administrative court. After comparing the history of procedure between the criminal division for persons holding political position of the supreme court and the constitutional court -the other court system employing inquisitorial system, it is found that the judge-commissioner of Justice in Thai administrative court is derived from Commissaire du Gouvernement - the French administrative procedure. Prior to the establishment of the administrative court, this system was applied to employ in the procedure of complaint committee and developed to become the judge-commissioner of Justice in the administrative court. For other court systems, the purpose of establishment is not to balance the court judgement, thereby being unnecessary to apply the pattern of the judge-commissioner of Justice for the court procedure.
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References
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