Problems on the Application of Law concerning Public Order by the Administrative Court in Administrative Cases

Abstract

The objectives of studying in cases concerning public were to found concepts and principles in trying administrative cases and cases concerning public order in concepts and legal principles on public order of Thailand to administrative cases and arbitration cases then to analyst problems on the application of law concerning public order by the Administrative Courts of Thailand to administrative cases and arbitration cases and to propose a guideline on the application of law concerning public order to administrative cases and arbitration cases by the Administrative Courts of Thailand. The Litigants in the cases will get fair. The study found that The Administrative cases focus on the courts fact-finding authority and the principle of law concerning public order was to protect public interest. In general administrative cases, both the Thai Supreme Administrative Court and the French Conseild'Etat ruled that issues on the court’s jurisdiction, justifiability or reviewability, ultra vires of administrative actions, direct contradiction of law, and legal motives are all problems of laws concerning public order. In French jurisdiction, the application of such was strict and consistent, while the Thai courts seemed to have extensive discretion of the application on a case by case basis. In arbitration cases, setting aside arbitral award or refusal of arbitral award’s enforcement can only be done when the award was in violation of laws concerning public order. In both general administrative cases and arbitration cases, the courts preserved extensive discretion in raising, suasponte, matter of law concerning public order to the case without limitation. In general administrative cases, the courts should have a clear scope of power in applying laws concerning public order on issues of justifiability and of public interest proceedings. The courts should also determine issues of the case prior to the actual try. In arbitration cases, the courts had only the power to review the legality of arbitral awards, therefore, in ruling on arbitration cases, laws concerning public order should be used strictly and should be tried exclusively in only one specialized court.