The Protection of Community Rights and Environmental Justice under the Rule of Law by the Administrative Court

Abstract

The purpose of this article is to present the concept of community rights and environmental justice, which are fundamental principles recognized in the Thai Constitution and modern environmental law. In particular, when disputes arise between the people and the state or administrative agencies, the Administrative Court plays a crucial role in examining whether the exercise of administrative power is lawful, consistent with the rule of law, and fair to communities. The Administrative Court, therefore, is not merely a mechanism for adjudicating cases but also an instrument for safeguarding fundamental rights to live in a good environment. Environmental problems, caused by the activities of individuals, legal entities, and various sectors, have led to three major challenges: (1) climate change, (2) environmental pollution, and (3) loss of biodiversity. When these environmental problems cause distress, damage, or impacts on individuals and legal entities, disputes inevitably arise. To resolve such disputes, affected persons may choose to exercise their right to litigation before the Administrative Court, seeking remedies for actual or potential harm. Within this context, the Administrative Court plays a significant role in protecting community rights and ensuring environmental justice by applying the rule of law as its guiding framework. The Court not only provides solutions to conflicts between the public and the state but also serves as a mechanism to control state power and safeguard the fundamental rights of the people.