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ดุลพาห
their livelihood. In other words, Thailand through enacting this latest constitutional
framework has embraced the classic Western liberal philosophy of civil liberty and
individual right as a member of the society. To illustrate this point, Section 254
prescribes that any person who is eligible to vote in a local election has the right to
petition against an elected official or to directly propose a bylaw. In all, the term
public participation or similar phrases have been mentioned 22 times, compared to
9 times in the 1997 Constitution and 34 times in the 2007 Constitution.
In addition, the administrative procedural law plays an important role in
enhancing the presence of the people in the governance system of the country.
Specifically, the law constructs a procedural regime through which the public uses
to interact with state officials. Recent amendments are noteworthy in that they
highlight the people-centered approach to the rules of administrative procedure in
line with the direction given by the Constitution. Last but not least, the law as
found in the book may not reflect the law in action. To this end, the article also
investigates the evidence of public participation in the country’s administration in
all levels through an assessment of executive and judicial rulings issued in the past
20 years.
Key words: Thai administrative law, Constitution of the Kingdom of Thailand
B.E.2560(2017),direct democracy,the theory of civil liberty,
legal and regulatory impact assessment.
กันยายน - ธันวาคม ๒๕๖๑ 45