The Non-Renewal of a License to Operate a Livestock Business and Excessive Restriction of Rights under the Principle of Proportionality

Abstract

This article analyzes the public law legitimacy of administrative orders issued by local officials refusing to renew licenses for livestock operations on the grounds of offensive odor nuisance. It highlights the oversight of less restrictive administrative measures, such as the issuance of improvement orders or temporary license suspension. The primary hypothesis posits that such actions likely contravene the Principle of Proportionality, particularly regarding the Principle of Necessity. This is because the administrative authority opted for the most severe measure-non-renewal of the license—which restricts the freedom of occupation guaranteed by Section 40 of the Constitution of the Kingdom of Thailand. Such an order constitutes an excessive restriction of rights under Section 26, given that the issue remains remediable through less severe technical measures as prescribed in Section 45 of the Public Health Act B.E. 2535 (1992). Furthermore, the article demonstrates that such orders may violate the Rule of Law regarding the exercise of discretion through Sequential Enforcement. The article concludes that a sustainable resolution requires integrating legal dispute mechanisms—specifically the sequential application of enforcement measures—with policy-based conflict management strategies. These include environmental mediation and the submission of clear technical remediation plans to foster consensus for sustainable coexistence.