Passing a law for an emergency situation is not contrary to the rule of law, the principle of human rights, and the administration under the democracy system only to the necessity. However, a promulgation of such law must concern about the degree of peril or the circumstance and compare them to the state’s security, public calamity, and rights and freedoms of the innocent individuals. Anyway, there are some statutory provisions in the Emergency Decree on Public Administration in Emergency Situation B.E. 2548 especially section 16 of the decree that reserved the Administrative court’s jurisdiction to consider disputes relating to the clause, proclamation, orders, or actions according to the decree. Since the administrative court has different legal philosophy, procedure, and execution from the other organizations, therefore, the administrative court should be the organization that exercise a power to try and adjudicate the administrative tort cases in the emergency situation.