DoctorateOpen Access

The principle of administrative stability

2020
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Advisor: Doç. Dr. F. Ebru Gündüz

Abstract (EN)

Administrative stability is a principle that ensures legal security by protecting subjective consequences of individual-oriented acts and maintains administrative order by blocking the situations in which administrative acts are constantly questioned. The concept of the principle of administrative stability, closely associated with the principles of rule of law and legal security, is a significant audit criterion that has long been applied by administrative jurisdiction authorities in our country. However, although it has been in use for a long time, the scope and limits of the principle of administrative stability are yet to be clearly revealed by any doctrines or adjudgements. No de facto rules were determined for this principle and it was even used casually in some cases. Therefore, it is believed that the principle of administrative stability needs to be framed. It is also significant to determine which concepts and principles it is associated with and which provisions should be included in or excluded from the scope of this principle. The aim of this study is to systematically examine the principle of administrative stability and define its scope and limits. By benefiting from some jurisdictional decisions, the study also hopes to embody the principle, which is deemed to be an abstract concept. The study emphasizes that the principle of administrative stability is acknowledged to be one of the general legal principles and an important audit criterion that is referred to in many jurisdictional decisions. In addition, the present study also proposes to examine some legal status and exceptions that should be preserved on the basis of the principle of administrative stability. Within the framework of the principle of administrative stability, the study seeks to analyse some precautions taken for the administrative order to function properly. Eventually, by aiming to determine the means that constitute the principle, the study concludes that the principle of administrative stability is a well-rounded and comprehensive principle.

Author

Murat Ekinci

How to Cite

Murat Ekinci (Doctorate thesis). The principle of administrative stability, 2020, Ankara Yıldırım Beyazıt University.

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