The Arbitration way in Administrative law

Whether arbitration is feasible in Administrative Law has been a subject of discussion since the first years of the Republic. With the growing trend of globalisation and privatisation -which is a projection of globalisation on local law- the concept of arbitration, with a focus on build-operate-transfer model, has taken an important place in 1990's Administrative Law. With the jurisprudence of the Constitutional Court and the Council of State, this period of discussion ended to the disadvantage of arbitration. However, in 1999, within the framework of constitutional amendments, the method of arbitration has turned into a legal concept, which found support in the Constitution. In this study, the concept of arbitration, which is considered to be an old topic in terms of the discussions that it has created, yet quite a new topic in terms of the adjustments in positive law, will be analysed. Considering the fact that arbitration is an alternative method in solving administrative disputes, the first chapter explores what an administrative dispute is and what methods are accepted in Administrative Law to overcome these disputes. Thus, in order to form the basic of the topic, the aim is to examine features of Administrative Law, Administrative Tribunals, administrative act and activities and administrative agreements within the context of "Administrative Regime" which is a Continental European system Turkey has adopted. In the second chapter, the emphasis is on topics such as what type of dispute settling method arbitration is and what types of arbitration methods exist. Following this, as the focal point of this study, the question whether arbitration method existed in Turkish Administrative Law system before constitutional amendments has been addressed. In addition to that, causes underlying the constitutional amendments, the new system that the amendments have brought about, and the implications of this system on Turkish Administrative Law have been examined. While examining the new system, a special emphasis is placed on characteristics of Administrative Law and constitutional meaning that jurisprudence of the Constitutional Court has assigned to the field of jurisdiction of Administrative Tribunals. VI