PROVISIONAL MEASURES IN ADMINISTRATIVE ADJUDICATION: PREVENTIVE JUDICIAL POWER PROPORTIONALITY, AND THE RULE OF LAW

บทคัดย่อ

Provisional measures prior to judgment are essential to ensuring effective judicial protection in administrative adjudication. In disputes involving public authorities, the enforcement of administrative acts during pending proceedings may cause irreparable or disproportionate harm that cannot be remedied by a final judgment. Focusing on the practice of the Administrative Court of First Instance within a civil-law administrative justice system, this article examines the operation of interim judicial intervention under conditions of legal and factual uncertainty. Using a doctrinal legal research methodology combined with qualitative analysis of administrative case law, the study analyzes judicial reasoning on the prevention of irreparable harm, the application of proportionality, the balancing of competing interests, and the exercise of ex officio powers. The findings show that provisional measures do not constitute premature adjudication on the merits, but rather function as an expression of preventive judicial power aimed at preserving the practical effectiveness of judicial review. Proportionality is identified as the governing logic of interim intervention, enabling courts to balance individual rights protection with the legitimate functioning of public administration. By conceptualizing provisional measures as a structural safeguard within administrative justice, this article contributes to international administrative law scholarship and offers insights relevant to comparative public law and the rule of law.