The motive of administrative act and its judicial review

Administrative acts is one of the fundamental subjects of administrative law. The motive is an element that makes the administrative act theory a unique theory different from other theories. The motive element is the material and legal factors based on the administrative act. In Turkish law, the motive element is determined according to the regulations modalities in codes as a rule. The fact that the motive is not regulated in the code at all and that it is regulated in ambiguous concepts indicates not discretionary, but legal interpretation obligation. The legality of the motive also depends on a number of jurisprudence principles. Every administrative act must be based on a motive, no administrative action without motive. The motives must be real and lawful. The motives should be determined objectively and should be concrete. The invalidities of motive element cannot be provable posteriorly. The motive cannot be reduced to form of act. Likewise, substitution of motives confirms this principle. The legality of motive is, as a rule, according to the conditions in the time of the administrative act is made. However, there are exceptions to this. The motive invalidities are divided into three types. The invalidities in legal motive are absence of legal basis and legal error. An error in the material accuracy of material motives constitutes a material error. The material accuracy of the material motives is not sufficient for the legality of the motive element, and also the legal qualification of the material motives must be legally correct. The Turkish Administrative Supreme Court, Danıştay, generally does not limit its judicial authority in the legal qualification of material motives; it conducts a complete legal control. The manifest appreciation error and complete proportionality control still have exceptional application areas in Turkish law and examples are few. Judicial sanction of motive invalidities is, as a rule, the annulation, but it is seen that legal nonexistence sanctions are accepted in the exceptional number of decisions of Danıştay.