Jurisdiction of high military administrative court

Jurisdiction is related to public order. Even if the parties agree, they are not entitled to change the jurisdiction of the courts. Without settling the jurisdiction dispute, it is not possible to go to the merits of the case. Even if so, the jurisdiction issue should be considered by the court on every stage of the trial. In our country where there is no judicial unity and both general and military administrative courts are adopted, the issue of jurisdiction of the courts is important. High Military Administrative Court (HMAC), as a first instance and appeal court, hears the cases relating both to military personnel and disputes arising out of administrative acts and transactions. This is an exception to the general administrative judiciary. In this thesis, after explaining the historical background of military administrative judiciary prior to the establishment of High Military Administrative Court, the grounds for the establishment of HMAC and its jurisdiction were investigated. The essential and relevant decisions of Constitutional Court, High Military Administrative Court, Council of State and Court of Conflicts were dealt with in our thesis. With this thesis, minimizing the jurisdictional disputes in administrative judiciary and providing positive contribution to the trial process were aimed.