Scope and efficiency of judicial review of administrative actions of independent regulatory agencies

The thesis examines structural and functional sense of economic regulation and the effectiveness and scope of judicial review of administrative actions those established under this function. As far as administrative law and action for annulment are concerned, it is considered that the effectiveness of judicial review could be achieved by determining the scope of review. In order to determine the scope of judicial review of independent regulatory agencies, first the issue needs to be discussed in structural and functional sense. More accurate results may be achieved in terms of the scope of judicial review after assessments and determinations to be made on this issue. Independent regulatory agencies emerged for the first time in the United States and became widespread in continental European countries and Turkey. For this reason, researches and studies have been based on American and German comparative law. In addition to that, common points between Turkish law and American and German law tried to be identified. Exposure of the scope of judicial review also requires an inside look at the jurisprudence of the Council of State. However, no comparative inquiry is made in terms of court decisions and the cases of the Council of State will be examined and analyzed within the scope of the thesis. The thesis consists of three parts. The first part is referred to the reasons and justifications for establishment of independent regulatory agencies in the United States, their spread in Europe and our Country, constitutional status, the place of the administrative organization and autonomy of this agencies in Turkey. In the second part, economic independent regulatory agencies are taken from the functional perspective. In addition, the place of economic regulation and supervision function shall be tried to be determined within the economic police power activity by making use of police power activity and public service. In the third section, the basic characteristics of the action for annulment and of criteria of the judicial review in the action for annulment were first discussed, the scope of the judicial review was evaluated based on two main distinctions as formal review and substantial review.