The Approach of High Military Administrative Court regarding use of discretionary authority of administration in the principal integrity of administration perspective

THE APPROACH OF HIGH MILITARY ADMINISTRATIVE COURTREGARDING USE OF DISCRETIONARY AUTHORITY OFADMINISTRATION IN THE PRINCIPAL INTEGRITY OFADMINISTRATION PERSPECTIVEMaster Thesis, Mehmet GÜNEŞSocial Sciences Institute of İnönü University, December 2005Advisor: Abdülkadir BAHARÇİÇEK Ph.D.SUMMARY AND KEY WORDSSUMMARYHigh Military Administrative Court (Askeri Yüksek İdare Mahkemesi) isregulated in the Article 157 of the Constitution and is one of the six higher courts,besides the Constitutional Court (Anayasa Mahkemesi), The Court of Appeals(Yargıtay), The Council of State (Danıştay), The Court of Military Appeals (AskeriYargıtay), and The Court of Jurisdictional Disputes (Uyuşmazlık Mahkemesi).Askeri Yüksek İdare Mahkemesi shall be the first and last instance court for thejudicial supervision of disputes arising from administrative transactions and actionsinvolving military personnel and relating to military service, even if suchtransactions and actions have been carried out by civilian authorities. In the disputesarising from military service obligations, the condition of being a member of militarypersonnel shall not be demanded.The Court on behalf of the Turkish nation performs jurisdiction over conflictswhich concern military personnel and transactions and actions that are related tomilitary service even if, these are not carried out by non-military authorities, as thefirst and last instance court and performs other tasks stated in other acts. But, forconflicts related to dept of imperative military service, the court doesn't seek theindividuals have a military identification. Jurisdiction over administration isrestricted to the review of transactions? and actions? conformity with law.5Opportunist control is not allowed and it cannot be used in such a way that removingexecutives? power of discretion.Discretionary power of administration expresses a free field thatadministrative solutions and decisions are taken by public administration. But thispower of administrative shall be able to use by military administration withdetermined limits in constitutional state. For discretionary power does not meanarbitrariness in public administration. The approach of high military administrativecourt in jurisdiction over for discretionary power of military transactions and actionsthat are related to military services is researched with this studyIf it is being supervise frequently and detail for discretionary power it will beget also to arise the constitutional state by judgments of High Military administrativecourt with taking public benefits.KEY WORDSHigh Military Administrative Court, Discretionary authority ofadministration, Supervision of administrative judgment, Integrity of administration,Administrative transactions and actions,6