Journal of Law and Political Affairs

กระบวนการยุติธรรมทางอาญาเปรียบเทียบ

Wichit Yaemyim — 2026-06-30

The Impact of Human Resource Management Models on the Work Efficiency of Public Sector Personnel in the BANI World Era

Ekkaphon Wongsaree — 2026-06-30

This study aims to study 1) the models of public sector human resource management, including civil servants, government employees, and university employees, and 2) the impact of these human resource management models on the performance of public sector personnel in the BANI World era. A content analysis of various documents was conducted, and information was systematically organized and analyzed to summarize key points and provide recommendations. The current direction of Thai public sector administration focuses on controlling workforce size and budgetary burdens, resulting in changes to employment models. The analysis revealed that: 1) In the public sector human resource management model, civil servants enjoy job security and good welfare, while government employees and university employees are employed under contracts. 2) Regarding the impact of these human resource management models on the performance of public sector personnel in the BANI World, civil servants face non-linear employment, difficulty in understanding due to complexity, and generation gaps. Government employees experience vulnerability and anxiety related to contract employment, welfare, and class divisions. University employees face difficulty in understanding and pressure from multiple workloads. Recommendations include developing a new public sector human resource management model; a recruitment system with a central platform focusing on competency-based selection; a compensation system adjusted to performance-based pay and flexible welfare benefits to reduce disparities between groups; and a development system creating career paths for personnel, promoting lifelong learning, and emphasizing adaptability and emotional intelligence.

Problems Concerning the Independence of the Constitutional Court in the Context of Law and Politics

Chatichai Phungthongdee — 2026-06-30

This academic article aims to examine and analyze the issues concerning the independence of the Constitutional Court of Thailand under the Constitution of the Kingdom of Thailand, B.E. 2560 (2017), within the contexts of law and politics. The findings reveal that although the current Constitution explicitly guarantees the independence of the Constitutional Court, such independence continues to face significant challenges arising from the transitional political climate. The principal issues stem from the selection and appointment process of Constitutional Court judges, which allows political influence to intervene in the final stage through the Senate. In addition, inconsistencies remain regarding the uniformity of judicial tenure within the institution. Furthermore, the Court bears the burden of adjudicating highly sensitive political cases, particularly those concerning the dissolution of political parties, within a Thai political culture deeply rooted in patronage systems and authoritarian attitudes. These factors have placed the Constitutional Court at the center of political conflicts and weakened public confidence in the institution. Consequently, this article proposes an amendment to Article 204, paragraph one, of the Constitution by revising the Senate’s approval requirement from “not less than one-half” to “not less than one-fifth” of the total existing members of the Senate.

Mediation in administrative disputes: Government officials neglected their duties or unduly delayed

Akarawat Puthananjiroj — 2026-06-30

This research aims to examine the principles and concepts related to administrative dispute mediation, specifically in cases where state officials neglect their duties or perform their duties with unreasonable delay. It analyzes the institutional design, procedural framework, and operational mechanisms of mediation in such disputes. The study also proposes reforms aimed at strengthening the effectiveness of mediation within Thailand’s administrative justice system.

The findings demonstrate that administrative mediation, as regulated under the Act on the Establishment of Administrative Courts and Administrative Court Procedure (No. 12) B.E. 2562 (2019), Sections 66/1–66/12, constitutes a formalized ADR mechanism within the administrative court system. The law authorizes courts to initiate mediation at any stage of proceedings prior to the completion of fact-finding. The procedural structure includes case screening, appointment of neutral mediators, facilitation of party participation under conditions of voluntariness and equality, and formal endorsement of settlement agreements with binding legal effect. Empirical and doctrinal analysis suggests that mediation enhances procedural efficiency by reducing litigation time, alleviating judicial caseloads, and lowering dispute-related costs. It also advances procedural fairness by promoting participation, voice, and consensual outcomes. In disputes characterized by power asymmetry between the state and individuals, mediation may mitigate adversarial dynamics and foster cooperative problem-solving. However, several structural and operational constraints remain. These include unclear criteria for case referral, uneven institutional capacity, and limited awareness among litigants regarding mediation as an effective ADR pathway. Such limitations restrict the full institutionalization of mediation within the administrative justice framework.

Legal Measures for the Establishment of a Limited Company by a Provincial Administrative Organization: A Case Study of the Establishment of Eastern Rubber Management Company Limited by Rayong Provincial Administrative Organization.

Kanungnit Thonglikhit — 2026-06-30

This independent study aims to examine the legal principles related to the establishment of a limited company by a Provincial Administrative Organization, focusing on the case of the establishment of Eastern Rubber Management Co., Ltd. by the Rayong Provincial Administrative Organization. The study investigates which legal principles were applied by the Administrative Court of First Instance and the Supreme Administrative Court in interpreting the authority of the Rayong Provincial Administrative Organization to establish a limited company, leading to the Supreme Administrative Court’s reversal of the lower court’s judgment. It also compares the essential aspects of Administrative Court judgments concerning the scope of authority of Provincial Administrative Organizations in establishing limited companies and proposes appropriate legal measures for such establishment. This research adopts a qualitative approach, emphasizing documentary analysis of relevant laws, including the Provincial Administrative Organization Act B.E. 2540 (1997), the Civil and Commercial Code, and administrative law principles concerning the legality of administrative actions. It also includes an analysis of Administrative Court judgments related to the establishment of Eastern Rubber Management Co., Ltd. by the Rayong Provincial Administrative Organization, as well as in-depth interviews with local administrators, government officials, and academic experts in law or political science. The findings are as follows. First, the establishment of a limited company serves as a mechanism to support the mission of local administrative organizations in improving the quality of life of the people, promoting local economic development, and enhancing the efficiency of public service delivery, which must be carried out strictly in accordance with legal rules and conditions. Second, the judgments of the Administrative Court of First Instance and the Supreme Administrative Court reflect different approaches to legal interpretation. The lower court adopted a strict interpretation, allowing the exercise of authority only as explicitly provided by law, whereas the Supreme Administrative Court interpreted such authority by emphasizing legislative intent and public interest. Finally, the law governing the establishment of limited companies by Provincial Administrative Organizations should be amended to provide greater clarity in order to reduce inconsistencies in legal interpretation, which may affect the provision of public services beneficial to the public.

Studying the Feasibility of Bringing In Independent Agencies to Support Verifying the Scene of a Traffic Crime Scene

Teerapat Tapjan — 2026-06-30

This research aimed to: (1) examine the model, structure, and roles of independent agencies in supporting the forensic examination of traffic crime scenes; (2) study the legal principles and relevant statutes concerning traffic crime scene examination in Thailand; and (3) analyze legal problems and obstacles related to the involvement of independent agencies in supporting traffic crime scene examination, as well as propose legal development guidelines consistent with international standards. This study employed a qualitative research approach, using documentary research together with in-depth interviews with five key informants, including inquiry officials, forensic scientists, academics, and legal experts. The data were analyzed using content analysis.

The findings revealed that an appropriate independent agency should serve as a technical and professional support mechanism in the forensic examination of traffic crime scenes. Its structure should consist of a crime scene investigation unit, a forensic laboratory analysis unit, and a digital forensics or accident reconstruction unit. Such an agency should operate under international standards and a strict chain of custody system. However, current Thai law still lacks clear provisions defining the legal status, roles, and authority of independent agencies. This creates limitations regarding the admissibility of examination results in court proceedings and the credibility of forensic evidence. The findings indicate the need to develop a legal framework and regulatory measures to systematically support collaboration between state agencies and independent agencies. Such development would enhance the efficiency, transparency, and fairness of traffic crime scene examination processes in Thailand.

Knowledge and Understanding as Predictors of SDG Integration: A Public Administration Perspective on Policy Implementation in Private Higher Education Institutions in Bangkok

Ntapat Worapongpat — 2026-06-30

This study examines the role of cognitive factors in supporting Sustainable Development Goals (SDGs) implementation within higher education institutions from a public administration perspective. Specifically, it aims to: (1) assess the levels of knowledge, understanding, and SDG integration among educational personnel in private higher education institutions in Bangkok; (2) compare these variables across demographic characteristics; and (3) analyze the predictive effects of knowledge and understanding on SDG integration in professional practice.

A quantitative research design was employed using a structured questionnaire developed based on the Education for Sustainable Development (ESD) framework. The instrument consisted of four sections: demographic information; SDG knowledge (25 items); SDG understanding (10 Likert-scale items); and SDG integration (15 Likert-scale items). Data were collected from 600 educational personnel across selected private institutions in Bangkok using a multi-stage and convenience sampling approach. Data were analyzed using descriptive statistics, independent-samples t-tests, and multiple regression analysis.

The findings indicate that SDG knowledge and understanding were at high levels, while SDG integration in professional practice was at a moderate-to-high level. No statistically significant differences were found across demographic groups. Multiple regression results reveal that knowledge and understanding have significant positive predictive effects on SDG integration, jointly explaining 28.1% of the variance.

These findings suggest that cognitive competencies play a critical role in enhancing institutional capacity for SDG implementation. The study contributes to public administration literature by highlighting the importance of human capital development in bridging the gap between policy awareness and practical integration of sustainability agendas in organizational contexts.