Master'sOpen Access

Compliance authority and audit of administration in Turkish Law

2018
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Advisor: Doç. Dr. Ebru Karaman

Abstract (EN)

The discretionary powers that are used in many areas within the context of Administrative Law state that the law does not make any special arrangements so that the governor is allowed to leave the action and that the mind can act in this area, taking into account the requirements of the concrete event. The authority has been admitted to the necessity of granting discretionary powers; but depending on what the boundaries of the discretionary authority are, there is no consensus as to where the boundaries begin and end. All the acts and actions that the administration will take under the rule of law state principle are subject to judicial review. However, where there are discretionary powers of judgment, different aspects of judicial review are concerned. Judicial supervision in the presence of the discretionary authority is limited to justice control. Appreciation of the value of the possession is outside the control of appropriateness. Despite the fact that theoretically forfeiture control is prohibited, in 1961 and 1982 Constitution, various regulations related to judicial supervision were introduced because of violation of this rule from time to time in practice. In the study, since the administrative law is based on jurisprudence, the final word of the jurisdiction of the jurisdiction has been reached on the limits of the territoriality. In the first part, generally the appreciation authority is emphasized, the conceptual framework of the appraisal of the appraisal is drawn, and its definition is explained. However, it has been explored with an emphasis on bounded authority, which is the opposite of discretionary authority to understand how the matter is to be admissible in a matter, how the discretionary authority in Turkish Law is regulated and how the Supreme Administrative Court approached the general power of appreciation. In the second chapter, which examines the elements of appreciation authority, the mentioned elements have been tried to be explained in detail. The third and last part of the study, the supervision section of the appraisal authority, included comments on the doctrine after the constitutional and legal regulations on the issue of supervision were addressed. The methods applied in the auditing and the principles developed by the Council of State in the course of history and case law have been emphasized and the issue has been tried to be explained.

Author

Dr. Merve Çınar

How to Cite

Merve Çınar (Master Thesis). Compliance authority and audit of administration in Turkish Law, 2018, İstanbul Beykent Üniversity.

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