An Analysis of the Appeal Committee's Rulings Reflecting Structural Gaps in the Enforcement of the Public Health Act, B.E. 2535 (1992)

Abstract

The Public Health Act, B.E. 2535 (1992), serves as a pivotal legislative framework empowering local government organizations to regulate and remediate environmental health issues impacting public well-being. In practice, however, the enforcement of this statute has given rise to numerous disputes among citizens, business operators, and state agencies, culminating in administrative appeals lodged with the Appeal Committee.

This article aims to analyze the Appeal Committee's rulings concerning nuisance control, as well as the revocation and non-renewal of business licenses, to elucidate the structural challenges and gaps in legal enforcement. The findings reveal that while the statute grants comprehensive authority for public health protection, practical impediments persist due to the ambiguity of statutory provisions. Furthermore, the study identifies significant disparities in the exercise of administrative discretion by local officials, coupled with the absence of centralized enforcement standards. Crucially, an incongruity exists between traditional public health control paradigms and modern public law principles, most notably, the Principle of Proportionality and the Principle of Legality.

Consequently, the study recommends enhancing the capacity of local officials, formulating standardized operational guidelines, and refining subordinate legislation to ensure greater clarity. These measures are imperative to elevate enforcement efficiency and sustainably mitigate administrative disputes