The Absence of Provisions Regarding the General Jurisdiction of Thai Administrative Court

Abstract

           This article aims to study the body of knowledge regarding the jurisdiction of administrative court over administrative disputes from multiple perspectives through a comparative legal approach. The objective is to analyze the issues arising from the limitations of the administrative court’s jurisdiction under the Thai legal system, as well as to explore potential legal reforms and interpretative approaches that the court may adopt in the future. The study reveals that Thailand’s administrative court emerged amid conflicting ideologies among legal scholars educated in countries with differing legal systems and judicial structures. This divergence has led some groups of legal professionals to attempt to limit the jurisdiction of administrative courts by tying it strictly to the “types of cases” and the phrase “as provided by law.” Additionally, flaws in the drafting process of the Administrative Procedure Law have inevitably contributed to this issue. A comparative analysis reveals that in countries operating under a dual court system, such restrictive interpretations of administrative court jurisdiction are uncommon. Accordingly, the author proposes that these problems be addressed through constitutional interpretation based on the systematic and structural framework of the Constitution. This should be pursued in tandem with legislative amendments relating to the jurisdiction of administrative courts, with the aim of establishing a general jurisdiction for Thailand’s administrative court.