As an administrative strict liability state, principle of equal public burdens and its legal status

In this study that the principle of Equality Against Public Expenditures as well as other flawless responsibilities are discussed, during the execution of the services provided by the state, it is emphasized whether the individuals will be responsible for the damages caused by their transactions and actions and if it is to be responsible, which principles are possible. The legal responsibility of the administration is based on two different theories: defective and perfect. When the administration have become complex with the expansion of its fields of activity and technological developments, the connection between the activities causing the damage and the administration have become difficult. This situation has also caused the damages caused by the operations of the administration to not be completely eliminated. With the feeling of this shortcoming, the idea of the perfect responsibility of the administration has emerged. In this study, we have tried to convey the historical processes, changes and developments of defective and perfect responsibility principles (especially the Principle of Equality in the Field of Public Inferences), the conditions sought for the implementation of these principles, the explanations about this subject in the Turkish and French doctrines and the judicial jurisprudence. Although the administration carries out activities in accordance with the law by considering the social needs, if the conditions of the administration are caused due to the damages resulting from these activities, the responsibility of administration may arise. This responsibility is reached within the scope of this study both in terms of the principles of social law state in our Constitution and the principles accepted in the doctrine and judicial jurisprudence.