คดีปกครองที่เกี่ยวกับเศรษฐกิจ ศึกษากรณีการฟ้องเพิกถอนนิติกรรมทางปกครอง / บัณฑิต หวังวโรดม = Administrative case related to economics : a case of revocation of administrative acts / Bandit Wongvarodom
The purpose of the thesis is to examine the inspection of the exercise of State Power in the economic area or, in other words, the Administrative Cases related to economic matters on the subject of Revocation of Administrative Acts. The thesis studies the Administrative Court jurisdiction, conditions for filing Administrative Cases, the Administrative Court procedure and methods of adjudication used by the Administrative Court. The result of the study is that Administrative Court has jurisdiction over Administrative Cases regarding economics in relation to the Revocation of Administrative Acts under section 9 paragraph one (1) and section 11 (2) of the Act Establishing Administrative Courts and Administrative Courts Procedure, B.E. 2542 (1999). Although, the condition for filing Administrative Cases concerning economic matters on the subject of Revocation of Administrative Acts and the Administrative Procedure for such cases are as same as those of other Administrative Cases, the rationale behind the judgment on Administrative Cases concerning economics on the subject Revocation of Administrative Acts might be varied from that of other Administrative Cases. By studying Administrative Court’s judgments, it is found that the rationale behind the Revocation of Administrative Acts concerning economics is normally based on grounds under section 9 paragraph one (1) of the Act Establishing Administrative Courts and Administrative Courts Procedure, B.E. 2542 (1999), which are influenced by Administrative Court of France. In addition, as most Administrative Acts concerning economics are issued under the administrative discretion, to review administrative discretion, the Administrative Court apply the principle of proportionality in an adjudication process. Although, such a principle is not shown in the court judgment explicitly, it can be examined in a detail of the judgment.
