The principle of sacrifice in administrative law

Strict liability of administration is an outcome of the industrial revolution as well as the mechanization, urbanization and the concept of social state resulting therefrom. This type of liability, which is not "fault-based", relies on "the principle of sacrifice". However, in Turkish administrative law, the principle of sacrifice is generally considered a supplementary principle in support of the risk principle in the literature and judicial decisions, and the principle of sacrifice is mentioned briefly following the detailed explanation of the risk principle. This study is intended to conduct a research on the significance, scope, area of application and function of the principle of sacrifice, as it is required by the law of administrative liability. Primary goal of the study is to determine the position, significance and function of the principle of sacrifice within the "no-fault liability" of the administration. Yet another associated objective is to reveal the theoretical and practical foundations, scope of the principle of sacrifice as well as the outlook of the judicial authorities on this principle. In line with the aforementioned purposes, the existence of the principle of sacrifice is investigated in various legal systems and the law of civil liability with a much older history than the law of administrative liability. Subsequently, the significance, scope and elements of the principle of sacrifice in administrative law are determined in an effort to unearth its specific attributes. A particular emphasis is placed on its relationship with the risk principle. The position of the principle sacrifice against the risk principle, the quality of decisiveness attributed to the risk principle and the quality of complementarity attributed to the principle sacrifice are examined. The need for the risk principle as a separate principle, which is addressed more often than the principle sacrifice, is questioned. Finally, the area of application of the principle sacrifice is categorized based on the activities of the administration and the effect of the administration's intervention on the individual. The significance and scope of the compensation paid by the administration by the reason of the violation of the principle addressed here in this study are addressed.