Supervision and Review of the Exercise of Administrative Discretion under Administrative Law by Government Officials

Abstract

This academic article, entitled “The Principle of the Rule of Law in Administrative Law,” examines a fundamental principle governing the exercise of power by administrative authorities, which directly affects the rights of individuals. A key legal issue lies in the risk that administrative authorities may exercise discretionary power beyond legal boundaries, contrary to the principles of legality, proportionality, and procedural fairness, thereby affecting individual rights and leading to ineffective legal remedies. The objectives of this study are: (1) to explain the relationship between administrative law and the principle of the rule of law; (2) to examine legal standards used to review and control the exercise of administrative power by state officials; and (3) to assess mechanisms for reviewing administrative power within administrative organizations under Thai law, with comparative reference to foreign legal systems concerning administrative power and its control. Methodologically, this article employs doctrinal legal research, involving analysis of legal principles and comparative law. The study relies on constitutional provisions relating to the rule of law, the structure of administrative courts, court judgments and decisions reflecting legality and proportionality review, as well as academic works concerning the rule of law and proportionality. The findings indicate that both foreign legal systems and the Thai legal system recognize the authority of administrative officials to exercise public power affecting individuals. Such power must have a legal basis and be exercised in accordance with the rule of law to ensure legality and proper administrative action. The exercise of administrative power must comply with the principles of proportionality and fairness. However, in practice, the exercise of administrative power in Thailand has not always fully adhered to the objectives of administrative law and the rule of law. Therefore, it is necessary to strengthen administrative mechanisms that are clear, consistent, and fair, and to establish effective review systems to ensure that the rule of law is genuinely implemented in practice.

Keywords: Rule of Law, Exercise of Administrative Power, Administrative Discretion, Legality, Proportionality