Justification of the administrative act
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Abstract (EN)
This article will study the obligation of filing statement of grounds inadministrative process, which has to be viewed as a requirement for a rule oflaw where the legal system is based on protecting basic human rights, aimsat preserving the justice between the citizens, and where all legal acts anddecisions are under juridical control.First, this article examines the obligation of filing statement of groundsby elaborating the concept with reference to supporting legal norms. Then acomparative study on the use of obligation of filing statement of grounds inother countries' legal systems is performed, as well as in Turkish legal code.Finally, the issue is further scrutinized under the light of legal decisions withreferences made to special arrangements in Turkish legal code which obligesfiling statement of groundsPresenting statement of grounds for administrative acts and processesis a concept that has a potential for becoming a part of the law since it is thepurpose of the rule of law to preserve the rights and security of individualsduring any administrative process.It is common in our country that the administration may take self-contradicting decisions in the absence of a general administrative procedureslaw, considering the fact that the procedural rules that exist in the legalsystem are not organized, that causes lack of legal assurance for citizens.So, the protection of the individual under legal assurance is indispensableduring administrative processes.
Author
Erhan Tutal
Institution
How to Cite
Erhan Tutal (Master Thesis). Justification of the administrative act, 2006, Gazi University.
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