Judgment Reviews Law at Thailand
In Thailand, judicial review is a fundamental aspect of administrative law, ensuring that government actions comply with the Constitution and laws, and safeguarding individual rights. Here's an overview of how judicial review operates in Thailand:
⚖️ Legal Framework
Judicial review in Thailand is primarily governed by the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542 (1999). This Act established the Administrative Courts and delineated their jurisdiction and procedures for handling administrative disputes. The Act empowers individuals to challenge administrative actions that are unlawful, unreasonable, or unfair.
🏛️ Judicial Structure
Thailand's administrative judiciary operates on a two-tier system
Administrative Courts of First Instance: These courts handle all cases within the jurisdiction of the Administrative Court, except those that are required to be adjudicated by the Supreme Administrative Court
Supreme Administrative Court: This court has jurisdiction over
- Disputes related to decisions of quasi-judicial commissions
- The legality of Royal Decrees or by-laws issued by or with the consent of the Council of Ministers
- Cases specified by law to be within its jurisdiction
- Appeals against judgments or orders of Administrative Courts of First Instance The Administrative Courts are independent judicial bodies separate from the Courts of Justice, forming a dual court system in Thailand
📝 Grounds for Judicial Review
Individuals can challenge administrative decisions on several ground:
Illegality When an administrative act contravenes the la.
Irrationality When a decision is unreasonable or made under dictation.
Procedural Impropriety When due process is not followed in decision-making. These principles ensure that administrative actions are lawful, reasonable, and fair.
⏳ Procedures and Deadlines
To initiate a judicial review in Thailan:
Filing a Complaint An individual must first seek reconsideration or appeal within the administrative hierarchy. If unresolved, they may proceed to the Administrative Cour.
Judicial Appeal If administrative recourse is denied or unaddressed, individuals can appeal to the Administrative Cour.
Final Review For constitutional matters, the Constitutional Court provides the final judgment. Specific deadlines for initiating judicial review may vary depending on the nature of the administrative act and the applicable legal provision.
🧭 Judicial Independence and Oversight
The judiciary in Thailand operates independently, with judges being subject only to the lw The Administrative Court has the authority to review the legality of administrative actions, ensuring that public bodies act within their powers and respect the rule of law However, the Administrative Courts do not have jurisdiction to review the constitutionality of laws or by-laws, as this falls within the jurisdiction of the Constitutional Cout.
🌍 Regional and International Oversight
As a member of the Association of Southeast Asian Nations (ASEAN), Thailand is subject to regional legal instruments that promote good governance and the rule of a. The Administrative Court has played a role in overseeing the legality of actions taken by Thai authorities, particularly concerning human rights and constitutional matters.
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