หลักความได้สัดส่วนกับหลักการปฏิบัติราชการในการบริหารจัดการเมืองที่ดี : ศึกษาเปรียบเทียบระบบกฎหมายสหรัฐอเมริกา

Abstract

The urban management related cases were interesting cases that the Administrative Court sometimes delivered judgments in order to set the norm for better management in some cities. The urban management related cases appeared in various types of cases in the Administrative
Court such as the cases concerning city plan, building control cases, land and building allocation cases, public health and nuisance cases, waste management cases, pollution management and environmental cases, that all of these cases were seriously impact to the citizen’s welfare and standard of living in urban area. The United States had experienced some complicated problems about urban management because its faced the rapid growth of
main cities before these kinds of problems appears in Thailand, thus the case studies of urban management in the United States should be lessons for Thais’ scholar. Especially, some urban management cases in Chicago City gave some interesting lessons, based on the role of the United States’ Court rendering judgment that reflecting Levels of scrutiny and applying balancing test to each case. In Thailand and in the European judicial system, the Courts also mentioned the principle of Proportionality in a large amount of judgments.