Journal of Law and Political Affairs

Judicial Control of Administrative Discretion by The Administrative Court : A Study on Justifiable Grounds for Mitigating Disciplinary Penalties in Cases of Serious Misconduct by Subdistrict Officials

Tossaporn Atchanakin — 2025-06-25

This independent legal research aims to study the concepts, theories, and relevant laws concerning discipline, disciplinary penalties, mitigating factors for disciplinary penalties of subdistrict administrative organization officers, the administrative discretion, fact-finding procedures of the Administrative Court regarding mitigating factors for disciplinary penalties, and judicial review of administrative discretion by the Administrative Court. The research serves as a source of information to highlight issues related to mitigating factors in cases where subdistrict administrative organization officers commit serious disciplinary offenses, the fact-finding procedures of the Administrative Court concerning mitigating factors for disciplinary penalties in such cases, as well as the judicial review of the discretion exercised by state officials in issuing orders to determine the level of disciplinary penalties.

The study found that Clause 85 of the Announcement of the Central Committee on Subdistrict Administrative Organization Officers regarding General Standards on Discipline, Maintenance of Discipline, and Disciplinary Proceedings, B.E. 2558 (2015), does not specify which circumstances qualify as mitigating factors for disciplinary penalties. Consequently, disciplinary authorities lack a clear framework for exercising their discretion. Moreover, in adjudicating administrative cases related to discipline, the Administrative Court tends to review the exercise of discretion in cases where the superior authority did not grant a reduction of the penalty. However, if the petitioner asserts a claim based on mitigating factors, the court will examine whether the claimed circumstances indeed constitute valid mitigating factors. In contrast, the court generally refrains from reviewing cases where the superior authority has already granted a reduction of the penalty based on its determination that mitigating factors exist.

This study provides the following recommendations: it is suggested that Clause 85, Paragraph 2 of the Announcement of the Central Committee on Subdistrict Administrative Organization Officers regarding General Standards on Discipline, Maintenance of Discipline, and Disciplinary Proceedings, B.E. 2558 (2015) should be amended to explicitly specify what constitutes mitigating factors for disciplinary penalties. Additionally, it is recommended that the Administrative Court, through the Office of the Administrative Court, should organize seminars to gather opinions from justices of the Supreme Administrative Court and the Administrative Courts of First Instance regarding the judicial review of discretion in determining disciplinary penalties in cases where mitigating factors exist.

The Draft Local Ordinance Review Process of the Local Council According to the Local Ordinance Initiative Process Act, B.E. 2565 (2022)

waraporn kwanraun — 2025-06-25

This research aims to study and analyze the deliberation process of local councils regarding draft local ordinances proposed by eligible voters in accordance with the Local Ordinance Initiative Process Act, B.E. 2565 (2022). The study was conducted through document analysis, including relevant concepts, theories, and legal provisions. The research findings revealed that The proposal of local ordinances can be initiated by local council members, local executives, and eligible voters within the jurisdiction of local administrative organization. All proposed local ordinances must be submitted for review by the local council, following the procedures outlined in the local council meeting regulations. For the local ordinances proposed by eligible voters according to the Local Ordinance Initiative Process Act, B.E. 2565 (2022), although the review process follows the same regulations as those proposed by local council members and local executives, there are key differences. These include allowing citizens to propose both general ordinances and budget-related ordinances with certification from the local executive, the appointment of an ad hoc committee comprising representatives of the petitioners to review the proposed ordinance, and the requirement that the local council must complete the review within sixty days from the date of receiving the draft ordinance. Additionally, if a draft ordinance is dismissed due to the expiration or dissolution of the local council, representatives of the petitioners can request its reconsideration. These provisions reflect the fundamental principles governing the review process for the local ordinances proposed by eligible voters. They align with the principles set forth in the Constitution of the Kingdom of Thailand, to ensure that local citizens can actively participate in local governance within the framework of a democratic system.

Democracy: Eleven writers and leaders on what it is – and why it matters

Kanyakarn Sathiansukon — 2025-06-25

The Civil Disobedience Against Unjust Laws in Thai Society: A Case Study of the Supreme Court Judgment No. 7008/2014

Panya Sripetsuphan — 2025-06-25

This research aims to analyze civil disobedience against unjust laws in Thai society: A case study of the Supreme Court judgment no. 7008/2014 as an important acts of civil disobedience. The researcher used a documentary research method by synthesizing the actions that are important acts of civil disobedience according to John Rawls’s view from the expressions, limitations, and conditions of civil disobedience through content analysis from documents and interpretation of judgments according to the specified conceptual framework. The research results found that (1) the civil disobedience against the law in the case of the Supreme Court’s decision no. 7008/2014 was consistent with the important acts of civil disobedience, consists of (1.1) violation of a law, and intended to be so; (1.2) nonviolent; (1.3) accompanied by willingness to accept the legal consequences; (1.4) addressed to the majority’s sense of justice; (1.5) addressed to a sense of justice that is mainly incorporated in the law and social institutions. And (2) the civil disobedience against the law in the case of the Supreme Court’s decision no. 7008/2014 was not consistent with the important acts of civil disobedience, consists of (2.1) public and with unfair notice given and (2.2) usually performed to bring about a not change in the law or in policies of the government. Therefore, those who intend to engage in civil disobedience should be aware that once they have done so, they must accept the consequences of violating the law that may be criminally punished. They should also engage in civil disobedience in other cases at the same time so that civil disobedience can result in changes to unjust laws in Thai society to be amended.

Public Opinion on the Right of Monks to Vote in the Election of Members of the House of Representatives in Village No. 1, Ban Kae Dam, Kae Dam Subdistrict, Kae Dam District, Mahasarakham Province

Worrawoot Jumlongnark — 2025-06-25

This research aims to examine public opinion regarding the rights of monks to participate in the election of members of the House of Representatives in Village No. 1, Ban Kae Dam,
Kae Dam Subdistrict, Kae Dam District, Mahasarakham Province. It is a quantitative study that employs a questionnaire as the primary research tool. The sample group consists of 265 respondents, and data were collected from January to March 2024. Data analysis was conducted using descriptive statistics, including percentages, means, and standard deviations. The study found that overall public opinion on monks' rights to participate in elections was at a moderate level ( = 3.50). When analyzed by specific aspects, two items were rated at a high level and two at a moderate level. The average scores, ranked from highest to lowest, were as follows: the right to legal protection ( = 3.70), participation in governance ( = 3.68), equality (x ̅ = 3.44), and freedom of expression ( = 3.18). The study recommends that the political rights of monks should be carefully defined to balance religious principles with democratic values, ensuring both the protection of religious integrity and the preservation of citizens' basic rights in a democratic society.

A Study on Youth Perceptions of Corruption: The Case of Suan Dusit University Students

Darngnapasorn Na Pombejra — 2025-06-25

This research aims to study the level of youth perception regarding the problem of corruption and to examine the factors influencing their perception of corruption. The sample group consisted of youths aged 18–20 years who were first- and second-year students at Suan Dusit University. A simple random sampling method using Cochran’s formula was employed, resulting in a sample size of 385 participants. Data were collected using a questionnaire, with content validity verified by an Index of Item-Objective Congruence (IOC) ranging from 0.67 to 1.00. The reliability, assessed using Cronbach's alpha coefficient, ranged from 0.87 to 0.95. The data were analyzed using descriptive statistics and multiple regression analysis.
The findings revealed that the overall level of youth perception regarding the corruption problem was high, with a mean score of 3.79 and a standard deviation of 0.99. Furthermore, when analyzing the four influencing factors—(1) education and knowledge, (2) moral and ethical values, (3) social norms or reference groups, and (4) mass media and social media—through multiple regression analysis, it was found that all factors significantly influenced youth perception of corruption at the 0.01 statistical significance level.

Evaluation of the Baan Mankong Housing Project on Government Surplus Land

Nantawat Thanindechanan — 2025-06-25

This article aims to study the current situation and evaluate the Baan Mankong Housing Project for low-income households on government surplus land. The study employed in-depth interviews and focus group discussions with project participants across 17 projects in five regions. The findings revealed that nine projects successfully completed housing construction as planned, six projects were still in progress, and two projects could not proceed due to the unavailability of government land or the residents’ reluctance to take out housing loans. In these cases, the residents already had homes on the government land and only sought to formalize tenancy under the law. Some participants faced difficulties in repaying loans on a monthly basis due to a lack of stable income. Applying the CIPP Model, the Context dimension reflects structural urban inequality, which forces people to reside in informal settlements without secure housing. The Input dimension highlights the mobilization of resources from both the state and community, as well as the community-based management mechanisms. The Process dimension emphasizes the participatory implementation approach, despite challenges in legal understanding and interpretation. The Product dimension demonstrates diverse outcomes, including successful housing construction, land tenure security, improved quality of life, and continuing challenges in loan repayment for some members.