Master'sOpen Access

As an element of administrative act the authority component and legal disabilities

2011
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Advisor: Prof. Dr. Ömer Anayurt

Abstract (EN)

In order to perform public service, base of public power creating a new legal status, amending or terminating the legal statues of the existing administrative procedures are called savings. To this ability, not anyone else, only determined by the rules of law and restricted administrative authorities have means the authority component of administrative act.Element of authority, aspects of person, subject, location and time have various views. In addition, with the act of transfering to other administrative authorities, administrative authorities can transfer a number of powers they have designated by law so that they employ infact unauthoritized authorities. Even as a result of a constitutional transfer of authority, the expansion of the central decision makingpowers as legal qualification and influence is possible.In addition, situations that not been made a clear regulation by law, to withdraw, change or remove an administrative decision is the duty of authority that made it expresses ?the principle of parallelism in authority? improved consensus of judgment is an important authority rule.On the other hand, not being related outhority situation, to the authority given the opportunity to make choice between multiple options while ıt is on duty. However, using administrative discretion has been subject to the restrictions as to act impartially, follow the principle of equality and observe the public interest. In addition, in order to ensure the unity of the authority, to some certain administrative authorities need to be given hierarchical authority and administrative authority of guardianship.The disabilities of the authority component of administrative act are ?violations of the authority?, ?usurpation of the authority?, ?usurpation of the function? and ?severe and obvious violations of the authority?. The first one of these, encountering with the sanction ?annulment?, the other three types of disability sanction is ?nothingness?. In addition disable administrative decisions is possible to withdraw and make it invalid by the authority.The authority component of administrative act, as well as specific to administrative law principles is closely related general law principles. At the same time, the rules of authority jurisdiction and the results ıt caused look very messy. Contrary to this, in our country there is not an administrative procedure law which shows element of the general lines of authority. Moreover, to the authority law in many issues in doctrines there are many differenciate in thoughts and also in consensus of judgemen we can not say there is a union.The aim of this work of which subject and importance can be summarizied in this way, is to introduce different rules, priciples and aspects of authorized element of administrative act, and to deal with legal deformation that becomes evident in every view of this element, and to explicate sanctions which will applied to these kinds of legal deformation.In this respect, this subject has been handled in both forensic and executive aspects and in addition to the books and the articles on administrative law and different branches of law, also works written on public administration science are used. Besides, as administrative law is a kind of law that relies upon a case, many civil jurisdictions, and many legal provisions, for not being a kind of codified law, have been guiding principles in discussion of the subject.

Author

Dr. Ömer Faruk Taşlıdere

How to Cite

Ömer Faruk Taşlıdere (Master Thesis). As an element of administrative act the authority component and legal disabilities, 2011, Sakarya University.

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