Regional Administration and Tutelle Local Government Organization Normal Form

Abstract

The objective of this research is to study the problems of the tutelle mechanism of local government organizations in various dimensions according to the principles of the Constitution of the Kingdom of Thailand B.E. 2560, which is the origin of the Government Administration Act, B.E. 2534, the Provincial Administrative Organization Act, B.E. 2540, the Municipal Act, B.E. 2496 and the Tambon Council and Tambon Administrative Authority Act, B.E. 2537, to summarize the legal measures for the development of tutelle mechanisms to have clear and enforceable scope. This is a qualitative research using documentation research methodology in the collection of data to be analyzed as a summary and suggestions.
The results of the research showed that firstly, the Constitution of the Kingdom of Thailand B.E. 2560, does not specify clearly about the regional administration, but specifies a lot of details about local administration, resulting in an opinion that the regional administration does not need to exist. It should be changed by canceling or moving the regulatory authority to the central administration and the provincial governor who tutelle the local government organizations within the province show come from the election or not as the provincial governor from nomination is consider not having freedom to make decision and unable to manage the work to be in accordance with the local. Secondly, the tutelle method that enable the minister of interior, the provincial governor, and the chief district officer to have the power to issue administrative orders to dissolve the local government organization council including ordering local government officials to vacate their positions and cease their duties is a method of tutelle that gives authority to intervene in local government organizations beyond the scope. Thirdly, the dissolution of the local government organization council by reason of not being able to arrange the first meeting according to the schedule or meeting, but may not select the chairman of the local government organization is not consistent with the provisions of the Constitution of the Kingdom of Thailand B.E. 2560.
In order to solve the problem, the researcher proposed that the law should be revised, the Constitution of the Kingdom of Thailand B.E. 2560, which must be clearly defined about the regional administration, and the Provincial Administrative Organization Act, B.E. 2540, the Municipal Act, B.E. 2496 including the Tambon Council and Tambon Administrative Authority Act, B.E. 2537 by adding the content in the tutelle section to require the provincial governor to tutelle together with the Administrative Court and prescribing exceptions for the use of powers to be in accordance with the provisions of the Constitution of the Kingdom of Thailand B.E. 2560.