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Righteousness Condition With Law of Administrative Command

Administrative command legally has to consider from 2 conditions which are "Condition on administrative command process" and "Condition on authority edge of administrative" 

1. Condition on administrative command process

Litigant is a person who gets benefit or effect of administrative command. It consists of requesting person, opponent, a person under command, and a person who will enter into consideration process. He or she will proceed by him or herself, authorize to lawyer or other person to proceed instead of him or her.

Commander is officer who takes a position following law to has authority for administrative ordering which has 2 kinds that are:

  1. Officer who has authority to order by administrative directly following specification law for example Chief Executive of the SAO or mayor who has authority to order following Public Health Act 1992 etc.

  2. Officer who gets assignment to order by administrative which has to consider from law that give authority to authorize, attorney and authorization correctly following specification law.

Commander who orders by administrative has not to get benefit to order by administrative because of base of officer who orders. That is to say officer who orders he or she orders by administrative to himself or herself, spouse or betrothed of commander such as chief administrator of the SAO and chief executive of the SAO order to postpone for raising the salary to officer in SAO ,gaining and losing part that happen from state inside commander such as business gaining and losing etc.

There are 3 processes of administrative command which are:

  1. Command administrative initiation that needs to have request and no need to have request for any operation.

  2. Getting advice/approval/consent from officer who has authority first then officer can order by administrative. If anyone infringe it regards as administrative command will illegal.

  3. Period of time to order consists of forcing period of time that is if officer who has authority does not order by administrative in specification time. Command will affect following law give authority and rush period of time is specification time that has to proceed for ordering in law specification time.

Format to order and inform command normally administrative command has no format except law gives authority will specify but depends on jurisprudence to do administrative command. It is administrative command has to be clear command that command follower has to perform following command by which way. And commander has to inform command legally. No matter a person who get force will know message or not if inform legally it regards as a person who get force following command acknowledged command already.   By giving reason composes of command need to has at least 3 lists which are fact that is main point to order, reference matters of law and consideration point or supporting point to use discretion or we can call composing reason with command. If officer does not inform reason to order that means command is illegal.

Right appeal command

Administrative command appealing is right of a person who gets command that will be able to use right or not but officer has to inform right to a person who gets command every time as well (do not inform by words). If a person who gets administrative command will sue to administrative court that person has to appeal that command before every time as well no matter that command will legal or not. And he or she has to inform to complete following specification subject. If it is not complete following list it regards as there is no informing appealing right in command anyhow except some kinds of command that no need to inform appealing right.

2. Condition about authority edge of administrative command

Edge of administrative command which will give legal command has to depend on 3 conditions which are.

  1. Condition about fact that cause to order by administrative law will legislate that officer will order when either fact or varied thing happens. Fact that law legislates will happen or has before a person who have authority to order. Command that issue is illegal said fact has many kinds by has to consider from action or behavior of a person, quality of thing, situation of social and fact that is administrative juristic.

  2. Condition about message in command content in command has to be clear. It has not to beyond one's power or conflict with peace or moral of people or conflict with law.

  3. Goal condition in administrative command administrative order has to conform to public benefit that law gives authority to order for protecting.

If administrative command does not follow said condition regards as said administrative command is illegal. It cannot revise administrative command if administrative court judges that it is command to withdraw command has to proceed again at the beginning.

Thank you for good information : Health Center 4thRatchaburiprovince


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