Quality of Life and Law Journal

Principles of Using Legal Discretion in Issuing Administrative Orders

Chidsanucha Manthanom — Sun, 29 Jun 2025 00:00:00 +0700

This academic article aims to present administrative actions characterized by the exercise of discretion in issuing administrative orders for organizational management. Administrative orders comprise essential elements, including characteristics, form, and legal validity, which are further divided into tangible and intangible components. The tangible components include having legal authority and adhering to prescribed forms and procedures, while the intangible component pertains to discretion. When administrative agencies issue administrative orders in any form, the authorized individuals must exercise discretion in doing so. This process must follow specific guidelines, such as adhering to the principles of legality, the principle of no power without law, proportionality, appropriateness,

and necessity. Errors in the exercise of discretion such as failure to exercise discretion, exceeding the discretion granted by law, distorting the use of discretion, or disregarding constitutional rights and freedoms along with the violation of general legal principles, which constitutes arbitrary use of discretion, inevitably affect administrative justice. Such errors impact both the recipients of the orders and the authorities issuing them.

Guidelines for the Development of Consumer Protection to Ensure Fairness in Contract Formation in All Aspects

Krisda Saengcharoensap — Sun, 29 Jun 2025 00:00:00 +0700

This research aims to study and analyze foreign legal provisions and measures concerning consumer protection to ensure fairness in contractual relationships, with a comparative perspective on the laws and measures in Thailand related to consumer protection in contractual matters. The objective is to propose recommendations for improving relevant laws and measures to ensure comprehensive and equitable protection for consumers in all aspects of contracting. This study employs a qualitative research methodology, utilizing documentary research from the laws of the European Union, the Commonwealth of Australia, and the United Kingdom as model legal frameworks for comparative analysis. Additionally, data were collected through in-depth, purposive interviews with nine key informants. The data were analyzed by comparing international approaches and synthesizing information obtained from the interviews to support the research's recommendations.

The findings reveal significant issues in Thailand’s consumer protection concerning contractual fairness. These include problems arising from business operators, consumers themselves, contractual clauses, and the provision of protection in electronic contracting. When compared with the legal frameworks of the European Union, the Commonwealth of Australia, and the United Kingdom, it becomes evident that achieving fairness for consumers in Thailand requires revising the criteria for determining unfair contract terms to reflect the diversity of consumer profiles and contexts.

The study recommends developing specific guidelines for drafting consumer contracts to enhance fairness. It also proposes establishing concrete measures to protect consumers engaging in electronic contracts or transactions.

Potentials Force Education Management in to the Education Sandbox of Chanthaburi Province

Sun, 29 Jun 2025 00:00:00 +0700

The objective of this research was to analyze the potential of the driving education sandbox in Chanthaburi province. The research was quality research. It was conducted in two steps: 1) Analysis of the potential in the province and 2) Analysis of the potential in the schools. The key informants include 1) Core team of the education sandbox of Chanthaburi province, 2) Local government organization, 3) Public sectors, 5) Private sectors, 6) Civil society, 7) Children and youth, 8) School administrators, and 9) Teachers. Conduct a developmental evaluation workshop to collect data using questions that analyze provincial and school-level strengths. Analyze the data by analyzing the content and then present it in a descriptive format.

The results of the research were as the potential in driving education sandbox in the province of Chanthaburi include: 1) Policies, 2) Politics, 3) Economy, and 4) Education, which has three main problems, including: (4.1) Educational opportunities, (4.2) Educational quality, and (4.3) Educational effectiveness, 5) Environment, 6) Social culture, and 7) Technology.

Research findings showed that: 1) Policy aspect: Support education administrators in becoming leaders by establishing working groups to promote innovation hubs, with higher education institutions acting as mentors. This aims to reduce inequality and encourage participation from all sectors. 2) Education sandbox aspect: Develop a Roadmap and action plan, and create a driving mechanism by establishing provincial-level Core Teams and quadripartite networks at the school level as sub-mechanisms to drive these hubs. 3) Pilot schools: Build collaborations with external agencies, promote the use of technology, and create engaging learning spaces that support innovation and research beneficial to the community.