Public Prosecutor’s Authority to the Legalization of the Administrative Act

Abstract

According to the Constitution of the Kingdom of Thailand 2550 B.E., the Constitution legislates the public prosecutor organization as the organization of the Constitution which has freedom of legality from the executive government sector organization. The researcher team has ideas that the public prosecutor should be a power to examine the authority of the administrative as such by examining the legal rights for the Administrative act either Administrative rule or Administrative order. Especially the rule, this is because the rule has the regulation which impacts on either public benefit or right and freedom of people in common wealth. Hence, if the problems which relevant to legitimate happened, the public prosecutor organization as the organ which take care of and maintain the common interest which counted as “interested person” has a prosecute power to the administrative court in order to revoke the rule. In case of the administrative order, there are come into effect to any case or any person which particularly. Person who received or might be received the grievance or consequential damages from administrative order are subject to limited liability which focused on person who received the administrative act only. It can be seen that it is not harmonize with the public prosecutor organization’s role and duty to take care of the public interest and the protection of right and liberty of people in common wealth.