The Principle of the Protection of Legitimate Expectation: Analysis the Adjudications of Thailand Court

In reference to the legal state in the Thai legal system,
most people understand the minor principles of the legal state form,
which are the principles that can be explained and understood easily
and the results can be seen clearly, especially in the legitimacy of
administrative acts. Therefore, there is no awareness of justice, which
is the fundamental value of Thai law. The legitimacy of administrative
acts requires the administration to adhere to the constitution and
legislative laws in enforcement of the laws. If it appears that the
administrative acts are illegitimate, the administrative court, as the
court of justice, will revoke those acts as if they had never been set in
the legal system, this will affect people’s trust as they are unaware as
to whether the administrative acts that appoint their lives are
legitimate or not. Regarding the revocation of administrative orders
by the administrative court as if those orders had never existed, the
common individual surely cannot be expected to comprehend the
security of their juristic position. Therefore, the legal state does not
require a revocation of the government’s acts to terminate its legal
results merely because those acts are illegitimate, but there should be
considerations and realizations regarding the “The Principle of the
Protection of Legitimate Expectation,” which is a minor principle in
the legal state’s content that focuses on supporting and protecting
legitimate expectations of the juristic position of an individual and
maintaining justice, which is the fundamental value of Thai law.

• Paiboon Chuwatthanakij

• Legal state
• Rule of law
• Protection of legitimate.

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