Page 70 - ดุลพาห เล่ม3.indd

ดุลพาห

from his or her bona fide reliance on the continued existence of such administrative
act, pursuant to Section 53 paragraph 3 and Section 52 paragraph 2 of the Administrative

Procedure Act.

2. Local administration

A more pertinent aspect of the administrative law framework to the
present purpose is its jurisdiction pertaining to local administration. Essentially, the

most important principle of local administration is the concept of decentralization,
which entails the central authority or government agrees to share certain aspects of

governance to the local governing unit under the principle of self-governance that
reflects the will of the people in that specific locale. Even though the said local

governing unit may obtain a juristic person status and be empowered with the
authorities over its own personnel as well as the management of the community

and its fiscal budget, such use of power still has to be founded in accordance with
the relevant laws and procedures and under some form of supervision by the

central government to ensure proper accountability. Some important elements of
what makes a local administration ought to be fetched out to truly understand its

linkage with the principle of popular participation. 37

First, it is imperative that local administration is formed as a juristic

person or an organization. Under the Thai public law, the separation between the
governing entity and the group of individuals who run it shield the local administrative

unit from an undue and unjustified interference by the central authority, except
when an intervention is necessary to ensure a compliance with the relevant laws. 38

37. Chanchai Sawangsak (2017), at 164.
38. Nakarindr Mektrairat, et al., Complete Report on the Study of the Progress of Decentralization in
Thailand and Recommendations, Research and Advisory Institute, Thammasart University, 2009, at 57.

กันยายน - ธันวาคม ๒๕๖๑ 59