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Ecological public order in terms of administrative law

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2025
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Abstract (EN)

Traditional elements of public order are often anthropocentric, so traditional public order considers the environment in the context of a danger to people. In addition, classical public order is concerned with a living human being, but the protection of the environment also concerns future generations, and concepts such as sustainable development and sustainable environment have emerged from this recognition. Due to this limited perspective, the traditional elements of public order are in many cases insufficient to protect the environment. Ecological public order is public order blended with science that aims to protect the environment, natural resources, flora and fauna, and to ensure environmental interests and prevent spatial nuisances. Ecological data and scientific findings on the consequences of an activity on various elements of the environment are the source of ecological public order. The fact that ecological public order is not anthropocentric distinguishes it from the traditional elements of public order: security, public health and well-being. Ecological public order recognizes that measures should be taken and implemented solely to protect the environment, even if the environmental nuisance does not directly affect human beings. Ecological public order is embodied through thresholds. Thresholds emerge when the disturbance that the environment cannot tolerate is expressed in technical units of measurement or scientific values. In Turkish law, it is also included in the legislation under different names such as threshold value, limit value. Moreover, the threshold constitutes a concrete criterion for determining whether an environmental nuisance has occurred that is likely to disturb the ecological public order. The aim of this thesis is to shed light on the concept of ecological public order in terms of administrative law by revealing the theoretical foundations and practical principles of the subject, particularly the French doctrine from which the concept emerged.

Author

Hande Sena Tabak

How to Cite

Hande Sena Tabak (Doctorate thesis). Ecological public order in terms of administrative law, 2025, Selçuk University.

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