Administrative Power of Autonomous Universities in Personnel Administration: Legal Issues and Challenges

Abstract

This academic article aims to examine the exercise of administrative power by autonomous public universities in Thailand. It specifically analyzes the nature, scope, and limitations of such power within the framework of public law, as well as the mechanisms for reviewing and controlling it. Under the higher education reform policy, fundamental principles of administrative law, and relevant Administrative Court judicial precedents, autonomous public universities are granted structural autonomy in their internal management to oversee institutional operations, particularly in matters concerning personnel administration and disciplinary proceedings.

The findings indicate that although autonomous public universities possess administrative discretion, the exercise of authority in personnel administration often creates a conceptual conflict between institutional autonomy and the protection of personnel rights. Consequently, the exercise of such power must strictly comply with the core principles of administrative law, namely the principle of legality, the principle of proportionality, and the principle of administrative fairness. In this regard, judicial review by the Administrative Court plays a crucial role in ensuring that the university's exercise of power conforms to the rule of law and in safeguarding the rights of individuals affected by administrative orders or actions. Therefore, this article suggests developing internal review mechanisms and improving personnel management regulations to establish clear standards, thereby concretely balancing organizational autonomy with the effective protection of personnel rights.