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General principals of law under Administrative Law and applications of Military High Administrative Court

2010
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Advisor: Prof. Dr. Ender Ethem Atay

Abstract (EN)

The subject of the thesis is the general principals of law under administrative law and how tis principals are applied by the decisions of the Military High Administrative Law. The aim of the thesis is to provide a better understanding on the general principals of law and put forward whether these principals are applied in the right way or not.Administrative law is a law of precedents. For this reason, general principals of law under administrative law is created by the administrative judicial precedents. However, general principals of law is not a notion which is peculiar to administrative law. Beside administrative law, it is applied also by the courts in other branches of law especially in constitutional claw and international law.Since the scope of the general principals of law is wide, in the first part it is examined the meaning and the characteristics of general principals of law, then it is examined the development of it in the history. In the first part, it is also examined the discussions about the value and classification of these principals among the other sources of law.In the second and thrid part, it is examined the general principals of law which are referred in the decisions of the Military High Administrative Law. In the examination of the decisions of the Court these principals can be count as folows: the principal of the rule of law, the principal of equality, the principal of proportionality, the principal of respect to the acquired rights, the principal of administrative stability, the principal of non retroactivity of the administrative procedures, the principal of fairness. First, It is examined the meaning of these principals then by scrutinizing the decisions of the Military High Administrative Court, it is tried to putforward how these principals are applied.

Author

Dr. Yunus Yılmaz

How to Cite

Yunus Yılmaz (Doctorate thesis). General principals of law under Administrative Law and applications of Military High Administrative Court, 2010, Gazi University.

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