The Principle of Exhaustion of Administrative Remedies: Consistency and Application in the Internal Administrative Appeal Process in Thailand

Abstract

This academic article aims to analyze the principle of exhaustion of administrative remedies in public law and compare it with the internal administrative appeal process under Thai law to assess their consistency. The exhaustion of administrative remedies principle plays a vital role in providing government agencies with the opportunity to review and correct their administrative orders before disputes are brought to court. This principle promotes a balance between state authority and individual rights, reduces the caseload of administrative courts, and enhances the efficiency of public administration. In Thailand, it is found that internal administrative appeals in certain cases are consistent with the exhaustion of administrative remedies principle. However, the Thai system remains relatively flexible and less stringent compared to systems in other countries, such as Germany, France, and Japan, where the exhaustion requirement is generally mandatory except in exceptional circumstances prescribed by law. The author suggests that Thailand should develop and strengthen its internal administrative appeal system to align more closely with international standards. Such improvement would enhance administrative efficiency, safeguard citizens' rights, and sustainably reduce the caseload of administrative courts in the long term.