Indicating remedies by the administrative act

The principle of indicating remedies by the administrative act whichaims to protect freedom of seeking remedy, is one of the generally acceptedadministrative procedure principles. Therefore, this principle is situated inquite a few national and international regulations.Up to now, the principle of indicating remedies by the administrativeact has not been regulated generally by any statue in Turkey. But in 2001 theprinciple was added to Turkish Constitution by Law No 4709 and became apart of our law system. However, our administrative organization insists onnot applying the principle. It is claimed that the application of the principlenecessitates statutory regulation. Whereas, binding character of theconstitution provisions according to the article 11 of Constitution, clearness ofthe second paragraph of the 40th article and direct applicability of theconstittution rules, makes this expectation meaningless. Moreover, indicatingremedies by the administrative act is result of being state governed by rule oflaw. Because state governed by rule of law protects basic rights andfreedoms of individuals. The principle of indicating remedies by theadministrative act aims to guarantee one of these rights and freedoms. It isfreedom of seeking remedy.This dissertation aims to attract attention to the problems in our lawsystem arising from infringement of the principle of indicating remedies by theadministrative act and indicate great importance of the principle for the stategoverned by rule of law.Key Words1. Indicating Remedies2. Administrative Procedure3. State Governed By Rule Of Law4. Basic Rights And Freedoms5. Human Dignity