Legal limitations on judicial review of administrative procedures in Turkish Law
2008
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Advisor: Yrd. Doç. Dr. Faruk Mutlusu
Abstract (EN)
The adjudicatory control of the administration is the basic element in a state which is governed by the rule of law. The subjection of the administrative operations to adjudicatory control is a regulation in contemporary democraies.The first part of this study titled as ?Legal Limitations on Judicial Review of Administrative Procedures in Turkish Law? examines the state governed by the rule of law concept and the development of this concept in Turkey. Parallel to this development, the adjudicatory control subject is considered in historical perspective and the constitutional condition is studied.The second part of the study deals with the principles of adjudicatory control in Turkish civil law, how Legal Limitations on Judicial Review of Administrative Procedures are considered and which operations are accepted in this extent.These are the operations that the president does, great military council decisions, high council of judges and public prosecutors decisions, warning and condemnation sentences. The others include the sentences given by the chief related to the high military administrative court, the martial law commander?s and state of emergency region governer?s operations, organic matial law executive operations and state of emergency executive orders, court of auditors decisions, the law?s 111-131 numbered and 132 numbered sections, the elections?s main decisions and registered sections numbered as 2822, strike and lockout law?s 55th section which is great jury decisions and executive endurance is also included in this operations.Later on the topics of how the cutbacks are interpreted in law decisions is mentioned by the examples.Also recently related topics about legal and constitutional decisions are emphasized.The third and last part shows examples of overcoming the cutbacks that contradict with the law of government concept by the adjudication decisions, although there are restrictions in the positive law. By the addition of the judgement to the last paragraph of the 90th section of the constitution in year 2004 the civil law effects of the international aggrements on human right is defined over again. According to this new definiton the legislation cutbacks are studied in the European Human Rİghts Aggrement and other international human rights documents.Finally, the present and probable effects of these decisions on Turkish adjudication convictions is studied, also national and international adjudication decisions are given as an example.Key Words: Rule of Law, Legal Limitations on Judicial Review of Administrative Procedures, Judicial Review.
Author
Dr. Gökhan Dönmez
Institution
How to Cite
Gökhan Dönmez (Master Thesis). Legal limitations on judicial review of administrative procedures in Turkish Law, 2008, Dokuz Eylül University, Siyaset Bilimi ve Kamu Yönetimi Bölümü.
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