The Development of Legal Thought on the Temporal Effects under Section 72, Paragraph Two of the Act on the Establishment of Administrative Courts and Administrative Court Procedure B.E. 2542 (1999)

Abstract

Over the past three years, a substantial number of academic works on Thai administrative law have emerged, elucidating and discussing the judicial determination of the effects of mandatory orders in cases seeking the annulment of regulations or administrative orders. However, these studies have uniformly addressed the temporal effects under Section 72, Paragraph 2 of the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542 (1999), from a legal positivist perspective. The authors assert that there is a dearth of academic work addressing these issues through the lens of History of Legal Dogmatics; thus, this work aims to fill that gap. When compared to the laws and judicial interpretations of other countries during the same period, the authority of the Thai administrative courts to determine the time frame for the cessation of the effects of regulations and orders is significantly more advanced. Nonetheless, the authority to determine the temporal effects of the annulment of administrative acts by the Thai administrative courts has uniquely evolved, differing from foreign legal systems, particularly in its emphasis on preventing impacts on public administration. This unique development arises from the Thai administrative courts' authority to determine the cessation of the effect of regulations and orders, which has continuously evolved from the powers and interpretations established by The Petition Council.