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people. Particular attention must be given to the Administrative Procedure Act
B.E. 2539 (1996) which was enacted in the period of political reform. A drafting

committee for administrative procedural law was set up following the
recommendations of the Council of State, using Germany’s law on administrative

procedure as guidelines. However, the final “Draft Administrative Procedure Act
B.E. ….” was never submitted to the House of Representatives due to the dissolution

of parliament at the time. The draft was later submitted to the House of Representatives
during the administration led by Prime Minister Banharn Silpa-Archa. This
32
Chapter demonstrates the ways in which the Thai administrative law internalizes the
principle of public engagement and protects the interests of individuals against the

State’s unjustifiable actions.

The administrative procedural law is a body of rules governing the actions

of administrative officers, in particular those involving the issuance of administrative
orders as well as procedures to be taken after such administrative orders have been

issued. Although administrative procedural law is procedural in nature, parts of it
are substantive, for instance, provisions pertaining to administrative orders and the

conditions contained therein. The administrative law is therefore a very important
piece of legislation as it sets out the procedures and methodology of administrative

actions of administrative officers so that the enforcement of specific administrative
measures can be carried out in an effective and orderly manner. Moreover, the

administrative law clearly guarantees the rights and specifies the duties of a private
party in administrative proceedings and also allows for a private party to

be involved in administrative proceedings. 33

nd
32. Worajade Pakeerat, Administrative Procedure Law, King Prajadhipok’s Institute (2 print), September
2001, at 4-5.
33. Worajade Pakeerat (2001), at 3.

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