LEGAL MEASURES IN SUPERVISING LOCAL GOVERNMENT ORGANIZATIONS BY THE STATE : IMPLEMENTATION OF THE INTEND AND PROVISIONS OF THE CONSTITUTION OF THE KINGDOM OF THAILAND B.E. 2560, SECTION 250 CLAUSE 5: A CASE STUDY OF MUNICIPALITIES
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Abstract
Abstract
The purposes of this study were to: investigate the concept of decentralized administration theories and supervision, investigate the problems of legal measures in supervising, a case study of municipalities, compare regulatory measures between Thailand and foreign countries and to the legal measures in supervising the municipalities to the intend and provision of the Constitution of the Kingdom of Thailand B.E. 2560, Section 250 Clause 5. This research was qualitative research with documents, books, textbooks, legal academic journals, judgments, in-depth interview and focus group discussion.
The research findings were as follows:
- The concept of decentralized governance theory was that the government transfer some powers and responsibilities to local government organizations and municipalities to do instead for relations between the Ministry of Interior. There was central government representative with local government organizations and municipalities in “Command and control”. It was different from the previous relationship of the Ministry of Interior with provinces and districts in "Command and control".
- The legal measures in supervising the local government organizations, case of municipalities as provided in the Municipality Act B.E. 2496. There were many sections that were inconsistent with the intend and provisions of the Constitution of the Kingdom of Thailand.
- Comparison of legal measures in supervising the local government organizations, case of municipalities, compare Thailand with France, Japan and the United States, it was found that each countries had both advantages and disadvantages. In terms of advantages and appropriateness can be applied in Thailand, for example: France's abolition of pre-regulatory actions, give the people 2 percent of the voters join together to amend or repeal local ordinances in Japan, and United States state governments require standards or indicators to measure success, in localities and State governments in the United States require local and municipal standards or indicators to measure success.
- Guidelines for amending the Municipality Act B.E. 2496, resulting in implementation in accordance with the intend and provisions of the Kingdom of Thailand B.E. 2560, Section 250 Clause 5.
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References
Kowit Phuangngam. Answering the problem of decentralizing power to local government organizations. Bangkok: Conrad Achenauer
Foundation Thailand, 2022.
Somkid Lertpaitoon, Banjerd Singkhaneti, Supasawat Chatchawan, Ekaboon Wongsawatdikul, Munin Phongsapan, Jongrak Jaruphanngam, Kittipong Kamolthamwong & Panrat Ditcharoen. Complete research report project to research forms and guidelines
for governance of local administrative organizations: A case study comparing foreign approaches. Bangkok: Thammasat University
Research and Consulting Institute, 2008.
Akachat Vitaya-Apibalkul. Explanation of local government laws. 1st ed. Bankok: Chulalongkorn University Press, 2021.
Supasawat Chatchawan. Local government views from France, Japan, UK, USA and Thailand. Bangkok: Thammasat University Printing
House, 2020.
Nakarin Mektrairat, Niyom Rathamarit, Sakon Varanyuwatana, Duangmanee Laovakul, Suphasawat Chatchawan, Achakorn Wongpreedee & Wasan Luangprapat. Progress report on the decentralization process in Thailand and proposals for projects to
strengthen the capacity of local government organizations to support decentralization and local governance. Bangkok: Thammasat
University research and consulting institute, 2009.
Chuchat Assawarot. Explanation of important administrative laws used in the operations of local government organizations in Thailand.
Bangkok: Dueantula Publisher, 2020.
Other documents
Supreme Administrative Court Judgment, Red case number no. อ.61/2549.
The Constitution of the Kingdom of Thailand
The Constitution of the Kingdom of Thailand B.E. 2540.
The Constitution of the Kingdom of Thailand B.E. 2550.
The Constitution of the Kingdom of Thailand B.E. 2560.
Local Council or Local Executive Election Act B.E. 2562.
Laws and Regulations
Act Establishing the Administrative Court and Administrative Court Procedure Act, B.E. 2542.
Municipal Act (No. 14) B.E. 2562.
Municipality Act, B.E. 2496. Royal Gazette, Volume 70, Section 14, Page 222 (Date: February 17, 1953.)
