Applying the Principle of Equality to the Judicial Process of the Administrative Court

Abstract

This research consists purposes were 1. to study the theory of equality 2. to study foreign laws related to equality namely Germany France and Spain 3. to analyze Thai and foreign laws related to equality and the Judgment Guidelines of the Supreme Administrative Court of Thailand related to equality principles and 4. to suggest guidelines for applying the principles of equality in the judicial proceedings of Thai Administrative Courts. This research is a qualitative research conducted by researching documents from theoretical concepts about the principle of equality, Thai and foreign laws related to the principle of equality, and rulings of the Supreme Administrative Court of Thailand related to the principle of equality from Volume 1 to Volume 11The data gathered from research and related documents were analyzed in terms of content analysis. The results of the study revealed that 1) The principle of equality is a general rule of law. It is an important principle recognized by the Constitution. It is the fundamental principle of human dignity the principle that governs the arbitrary exercise of power by the State and the principle that is used in judicial proceedings 2) A study of the principle of equality in foreign law found that Germany, France, and Spain have established the principle of equality in their respective highest law of the country. All three countries share the same essence of the principle of equality, yet there are differences according to the legal system of each country 3) Analysis of the principle of equality in Thailand showed that there has been some development in laying down the principle of equality by certifying the principle of equality in the constitution. In the constitutions of Thailand, Germany, France, and Spain, there is a specific principle of equality in the constitution. However, one important difference is that in the case of the non-discrimination principle. From the study of rulings of the Supreme Administrative Court of Thailand, the Supreme Administrative Court has applied the principle of equality to different cases and 4)The research suggests is that the determination of cases and guidelines for applying the principle of equality in administrative proceedings are to be held to a standard through studying foreign laws related to the principle of equality. By comparison to countries that have established cases and guidelines for applying the principle of equality in administrative court proceedings, case determination and guidelines for applying the principle of equality can be developed in Thai administrative proceedings to create a standard in line with other countries.