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The judicial review process of zoning plans which are stipulated in the 3194 Zoning Law

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2015
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Abstract (EN)

In this study; judicial review process regarding action of annulment against reconstruct plans which are assigned to the government as a constitutional duty and a type of administrative act carried out in accordance with Construction Zoning Law No: 3194 is reviewed in terms of outline specifications specified by considering in Article 14 of Administrative Jurisdiction Procedures Law No: 2577 and points considered by the court while passing sentence as to the accusations in case there is no deficiency in terms of outline specifications, causes of discontinuance of reconstruct plan by utilizing verdicts of second level courts and Council of State regarding this issue and solutions are deliberated. Action of annulment is one of the most effective ways providing compliance of administration with laws in a constitutional state. Administrative actions are administration's legal transactions in the field of administrative law which are carried out by relying on arbitrary public power and an action of annulment can be opened by people whose interests are violated by stating that one of the "authorization, manner, cause, subject and purpose" aspects which are elements of administrative actions is unlawful as per Article 2 of Law No: 2577. "Purpose" element is the last intendment expected from an administrative action. Administrative jurisdiction authorities give a ruling regarding whether the reconstruct plan in question is in accordance with regulations of legislation concerning construction, upper scale plans, urban planning principles and public interest during their judicial review by carrying out expert investigation and view on the site.

Author

Ahmet Yanık

How to Cite

Ahmet Yanık (Master Thesis). The judicial review process of zoning plans which are stipulated in the 3194 Zoning Law, 2015, İstanbul Aydın University.

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