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แนวทางและวิธีการวิเคราะห์
ผลกระทบทางสังคมในการตรากฎหมาย

Abstract

This study report, entitled the “Approaches and Methods for Social Impact
Analysis of Law Drafts,” aims at studying and analyzing experiences learnt from the

western world on how to conduct the impact assessment of law drafts. This study
will help create new knowledge bodies for Thailand to develop detailed
guidelines for regulatory impact assessment (RIA). Three desired outcomes are set
to fulfil such an objective, comprising to learn approaches and methods of
conducting social impact assessment; to extract lessons learnt and knowledge

bodies from abroad to guide ways forward for the country; and to develop cases
study in the Thai context from other jurisdictions.

This study report employs a documentary-based approach from the most
updated documents to obtain the outcomes. The guidance documents published

by the European Union (EU), Organization for Economic Co-operation and
Development (OECD), as well as those in place in the United Kingdom (UK),
Ireland, Netherlands, and New Zealand are vital for this study.

The study outcomes can be summarized as follows.

Regarding the approaches and methods of conducting social impact
assessment, the study found that the up-to-date documents no longer provide
separate approaches and methods for assessing social impacts. All possible

impacts are assessed simultaneously, except for those requiring an independent
analysis by specific laws or regulations, for instance, the assessment of gender
impacts in some jurisdictions. Regarding the lessons for Thailand, the study
concluded that Thailand could learn experience regarding the approaches and

methods from the comparator jurisdictions to make a comprehensive and detailed
impact assessment regime. This includes the prescription of approaches for
quantitative assessment and a goal standard for the country. Regarding the
application and integration of foreign knowledge bodies to develop the

assessment regime, the study illustrates this application by analyzing Thai draft
laws in the light of lessons learnt from other jurisdictions.

สถาบันพระปกเกล้า

VII