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ดุลพาห

Second, an effective local governing body ought to have its own designated
territory over which its authorities resides. Third, the members of the community

must have the right to elect the members of the local assembly. The electoral
process for local administration guarantees two things. It maintains a degree of

detachment and freedom from the reach of the central government. In addition, it
reinforces the democratic value in the local community, especially the lessons

learned from the practical experience of the community trying to handle differences
and to reach a compromise that serves the interest of the public at large, over and

above the interests of individual members of that community.

To this end, the Thai administrative procedural law permeates every facet

of local administrative apparatuses in the same rigorous manner as it does the
central and provincial administrative structures. In order for a local authority to

issue an administrative order which creates a new relationship with the subject of
that order, that local authority shall abide by the same rules, procedures, and

criteria set out in the said law. Failing this obligation, there is a risk that such an
order will subsequently be struck down before the administrative court.

3. Connecting the dots: the relationship between central and

local administrations

Public services provided by the State are different from the services

provided by the private sector in the sense that the provision of all public services
must comply strictly with the law. For instance, establishing a Ministry will require

enactment of an Act, or issuing rules or regulations will require a decree. In most
cases, the law governing private affairs cannot be applied in the provision of public

services.

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