Execution and administrative justice in terms of principle of separation of powers
2011
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Advisor: Prof. Dr. Ender Ethem Atay
Abstract (EN)
The Rule of Law concept emerged in our country first in doctrine, then in judgments, and finally in Constitutional texts. Reluctance and jealousy of Founder governments did not have influence on interpretations of Justice regarding this process, and the concept was tried to be defined in a broader dimension, considering also universal values.Since authorities sourced from public power is divided and distributed based on separation of powers principles in a State governed by Rule of Law, power of government is restrained and limited. Separation of powers is among the most effective methods ensuring limitation of political power in a State governed by Rule of Law. Based on an organic and functional separation between powers of legislation, execution and adjudication, this principle is a system where limitation of sovereignty is accepted as a must.Fundamental function of administrative justice is inspecting and ensuring compliance of administration with law. Judgments reached by administrative justice when ensuring such should not have administrative procedure and action qualities.Functions of execution and adjudication organs were tried to be examined in this study within the framework of separation of powers principle. Execution organ is the one which constantly faces individuals in terms of its function in every government. Independence of justice, which is the most significant element in a State governed by law, shows its significance before execution in limiting governmental power by rules of law. Therefore, rule of law principle and separation of powers principle were considered together and execution organ and adjudication organ issues were discussed generally.
Author
Cüneyt Uyar
Institution
How to Cite
Cüneyt Uyar (Master Thesis). Execution and administrative justice in terms of principle of separation of powers, 2011, Gazi University.
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