THE LEGAL CRITERIA IN COLLABORATIVE PROVISION OF PUBLIC SERVICES BY LOCAL GOVERNMENT ORGANIZATIONS: A CASE STUDY OF FACILITATING THE CREATION OF A LARGE MASS TRANSIT SYSTEM

Abstract

          This research aims to: 1) examine theoretical concepts and legal criteria governing public service provision, utilization of state-owned land, land expropriation, public-private partnerships (PPPs), crowdfunding, and transit-oriented development (TOD); 2) analyze the duties, powers, scope, and legal constraints of local government organizations in developing large-scale mass transit systems in Thailand, Japan, the United States, and the Commonwealth of Australia; and 3) identify legal problems and propose appropriate legal reform recommendations. The study employs a qualitative documentary research methodology.

            The findings reveal that although Section 250 of the Constitution of the Kingdom of Thailand, B.E. 2560 (2017) and the Determining Plans and Process of Decentralization to Local Government Organization Act, B.E. 2542 (1999) clearly establish duties and powers regarding public service provision, such powers remain insufficient for developing large-scale mass transit systems. Local government organizations must therefore rely on additional legal criteria. Six principal legal issues are identified: 1) duties and powers of local government organizations; 2) utilization of state-owned land; 3) land expropriation; 4) public-private partnerships (PPPs); 5) crowdfunding; and 6) transit-oriented development (TOD). Addressing these legal criteria is essential to enabling local government organizations to develop mass transit systems successfully.

            Accordingly, the researcher proposes recommendations across three timeframes. In the short term (within one year), existing executive legal mechanisms, including Cabinet resolutions, ministerial notifications, and inter-agency regulations, should be immediately utilized. In the medium term (one to three years), subordinate legislation with binding effect on all government agencies should be enacted, including ministerial regulations on state-owned land use, PPP contracts, and TOD zoning. In the long term (three years and beyond), new primary legislation should be enacted through the parliamentary process to specifically grant local government organizations authority over state-owned land management, public-private partnerships (PPPs), crowdfunding, and transit-oriented development (TOD).