LEGAL ISSUES REGARDING PUBLIC PARTICIPATION IN LOCAL ORDINANCE PROPOSALS UNDER THE LOCAL ORDINANCE SUBMISSION ACT B.E. 2565

Abstract

           The article was to investigate and compare laws relevant to public participation in local ordinance proposals in Thailand, the Philippines, Japan,
and Norway. It also aimed to examine the legal issues concerning public participation in local ordinance proposals under the Local Ordinance Submission Act B.E. 2565, identifying several flaws, such as the required number of petitioners and the appointment of the petitioners as extraordinary committee members
for the local ordinance consideration. Additionally, the study sought to propose guidelines for improving Thailand’s local ordinance laws to enhance their effectiveness.

         The results of the study revealed several concerns regarding public participation in local ordinance proposals. These concerns included discrepancies in the number of residents in each local area, which were not proportional
to the size of the local administrative offices. If the local administrative organization was large, name collection for local ordinance proposals might be difficult. Additionally, issues were identified in the appointment of representatives for local ordinance extraordinary members, especially the lack
of clear rules or methods, merely stating that selection was from the list of petitioners’ representatives who would have the authority to consider the local ordinance. Comparing the number of petitioners to the representatives, the ratio is rather low.

          The comparison of the local ordinance proposal procedures in Thailand and the other focused countries revealed several key differences. Although democracy and government decentralization are employed in all the countries studied, people in other countries are more involved in the process of selecting representatives for local administration, which contrasts with the practice in Thailand. Additionally, Thailand has a disproportionately high number of representatives relative to the size of its local administrative offices, whereas
the other countries have a more suitable proportion.