The concept of judicial order (injunction) and its reflections in practice of Turkish law

Judicial order (injunction) expresses an order given by judicial organs. According to the legal systems, the office that administers judicial orders can change. Judicial orders can be given only to administrations in some systems, whereas in others, it can also be given both to administrations and towards low degree judicial organs. It is necessary for there to be a judicial organ, a decision containing an order that was given by this judicial organ and an administration or a lower degree judicial organ that administers this judicial decision for being able to mention judicial order. Decisions can be taken, which include orders aimed at administration, and an administrative judicial organ, which provides for the judicial review of the administration for being able to realize the state of law principle in Turkish law. These decisions made are not within the scope of the ban on making a judicial decision having the attribute of an administrative act and action by a judicial organ included in the Constitution, because decisions that have the attribute of judicial orders, do not constitute an administrative act or administrative action and as stated in the related article, it also does not eliminate the discretionary power of the administration. Judicial order has been avoided in Turkish law due to the error within the scope of Constitutional prohibition related to it. However, it would be rather beneficial to recognize the practice area of judicial order from the aspect of increasing the effectiveness of administrative justice, of providing for the practice of judgment decisions and of protecting the state of law principle. It was observed that there are a certain number of examples in the practice of Turkish law when the subject was started to be researched with this opinion. The importance of the subject and the legal benefits would be understood with the explanation of judicial order and by setting forth the existing examples in Turkish law.