Capacity in administrative jurisdiction

Judicial review of the administration is an indispensable requirement of the rule of law. Annulment and full jurisdiction cases have an important place in conducting this audit. Although it is clear that individuals should be effectively protected against the unlawful actions and transactions of the administration, it is also possible that this protection is subject to some conditions. One of these conditions is that those who request judicial review of the administration have the capacity to sue. The capacity to sue is a limitation on the right to sue. For this reason, narrow interpretation of the capacity to sue in a way that violates the freedom of individuals to seek rights should be avoided. In this study, first of all, in order to better understand the subject, the meaning and nature of the concept of license and its place in trial law are mentioned. Again, explanations have been made about the capacity of the party and the capacity to sue, which have two different aspects of this concept in trial law. After the conceptual infrastructure of the study is established, in addition to the general license condition, the condition of violation of interest sought in annulment cases and the condition of violation of personal rights sought in full jurisdiction cases; In the explanation of the qualification condition and its nature in administrative trial law and in drawing the boundaries of this condition, the provision and protection of the rule of law principle has been taken into consideration. Capacity, which is a concept related to the trial procedure,is generally understood as the plaintiff's party and litigation capacity in administrative trial law, and thedefendant's capacity is explained by the concept of hostility. Hostility in administrative trial law is excluded from the scope of the study as it is a broad issue that needs to be examined. Therefore, in the study, the issue of capacity, which is a condition for resolving the dispute by entering into its merits by the jurisdictions, was dealt with only from the point of view of the plaintiff.As a matter of fact, the ability to be in the position of a plaintiff in an administrative dispute is expressed by the concept of hostility with the capacity to sue and the ability to be in the position of a defendant. Keywords: Administrative Jurisdiction Law, Capacity, Annulment and Full Jurisdiction Cases, Objective Capacity, Subjective Capacity.