Legal Measures for Remedying Injured Parties from Unlawful Administrative Acts

Abstract

Unlawful administrative acts pose a direct threat to the rights of individuals, as they involve the improper exercise of state power and may result in harm to private persons or organizations. Legal remedies for affected parties therefore play a crucial role in protecting rights and upholding the rule of law. This study aims: (1) to analyze the existing legal measures for remedying damages arising from unlawful administrative acts in Thailand, (2) to examine remedial mechanisms in foreign jurisdictions for comparative purposes, and (3) to propose improvements to Thai law and remedial procedures in line with the national context. Employing a qualitative research design, the study relies on documentary research, drawing on Thai-language sources, reliable online databases, textbooks, academic works, theses, research articles, and both print and electronic media.

The findings reveal that, although Thai law provides remedial measures—such as the annulment of administrative orders, provisional protection, and compensation claims under the State Officials’ Liability for Wrongful Acts Act B.E. 2539 (1996)—these mechanisms face significant limitations. Problems include procedural complexity, lengthy adjudication periods, and unclear standards for determining compensation compared with international benchmarks. By contrast, the selected foreign jurisdictions demonstrate remedial systems that are more expeditious and flexible.

The study recommends revising relevant laws and regulations to enhance clarity and coherence, for example, by establishing clearer principles for awarding compensation, introducing alternative remedies such as mediation or direct state-funded compensation, and streamlining provisional protection procedures. Additionally, it is suggested that state officials be better educated and made aware of their administrative responsibilities in order to reduce rights violations. Accordingly, this article examines Thailand’s existing legal measures for redressing harm caused by unlawful administrative acts, compares them with foreign legal systems, and proposes legal reforms to strengthen remedial mechanisms in the Thai context.