Standard of proof in Administrative Jurisdiction

In this study, applicability, necessity, and function of the standard of proof are discussed by considering the principles and phases of administrative jurisdiction. In order to understand the standard of proof in detail, historical background of this term is reviewed by considering Anglo-American and Continental Law systems. Standards of proof applicable in the criminal procedure law and civil procedure law are examined with their specific principles to determine the standard of proof in broad sense. Court decisions are reviewed in order to ascertain the exact meaning, types, and function of standard of proof for the administrative jurisdiction. Firstly, the Council of State decisions are analyzed and the terms used by specifying the required standard of proof are determined. It is tried to determine the types of standards of proof preferred by the Council of State, by evaluating the terms frequently used in its decisions. Afterwards, decisions of European Court of Human Rights and Constitutional Court are also evaluated in order to determine the meaning of the standard of proof and its types within this court decisions.