Master'sOpen Access

Boundiries of review of legality on actions for annulment

2010
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Advisor: Prof. Dr. Murat Sezginer

Abstract (EN)

Administration was granted some superior priviliges and authorities against individuals, while implementing public service. For instance, administration has right to charge obligations, to grant rights and to make amendments by its unilateral transactions; it also has the authority to put into effect those unilateral actions ex officio.In this respect, administrative transactions is subject to judicial review in order to prevent administration from abusing such superior authorities over fundemantal rights and to keep administrative agencies within legal boundiries.There must be a limit for administrative justice which review the actions and transactions of administration as a compulsary result of seperation of powers. Judicial power is independent from legislative and executive, same as the administration, a part of executive, is independent from judicial power.The limit mentioned above is stipulated both in article 125 of Costitution and article 2 of Act no. 2577. According to these provisions, the authority of administrative justice is limited to the review of administrative transactions? legality. In contrary, review of expediency (oppotunity) is out of that authority.As the review of legality, which depends on features of each concret matter, has no certain rules that is applicable for all events, judicial organs are obliged to concritize the matter via its impartial and steady precedents.Key Words1.Review of legality,2.Review of expediency (opportunity),3.Authority of discretion,4.Boundary of administrative justice,5.Action for annulment.

Author

Dr. Mustafa Bal

How to Cite

Mustafa Bal (Master Thesis). Boundiries of review of legality on actions for annulment, 2010, Gazi University.

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