DoctorateOpen Access

The limits of the administrative judiciary rewiev

2022
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Advisor: Prof. Dr. Sururi Aktaş

Abstract (EN)

It is necessary for the administration to have a certain degree of liberty in terms of performing its tasks. However, this liberty does not give the administration the authority of arbitrariness, unlimitedness and illegality while performing its duties or using its powers. The administrative judiciary will make this determination, keep the administration within the law and tell the law. The administrative judiciary not only draws the boundaries of the administration's action, but also shows its own boundaries in its judicial review. In this respect, the administrative judiciary has to abide by some boundaries arising from the character of judicial review in its review. In this thesis, we will exhibit the approach of doctrine and jurisprudence after explaining these limitations, which are inherent to judicial review, in general terms. Also, we will submit our thoughts and criticisms, considering the jurisprudence characteristic of administrative law, the specific conditions of the facts and the developing current situations. In this context, stable jurisprudence revealed by the administrative judiciary is as important as the interpretation of legal norms according to the characteristics of the fact and changing conditions.

Author

Dr. Felemez Güneş

How to Cite

Felemez Güneş (Doctorate thesis). The limits of the administrative judiciary rewiev, 2022, Erzincan Binali Yıldırım University.

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