Yüksek LisansAçık Erişim

Legislative restriction in Turkish Law

2018
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Danışman: Dr. Öğr. Üyesi Ebru Karaman

Özet (EN)

Subject of this study based on the assessment of the work and actions of the administration exempted from judicial supervision by the 1982 Constitution and other legislation. The correlation between the principle of the state of law ,which constitutes the main pillar of the 1982 Constitution, was also mentioned. Regarding to Article 125 of the Constitution "all kinds of work and actions of the administration are subject to judicial review". However, in special provisions following the relevant article, some applications and actions of the administration have been exempted from judicial supervision. The 1982 Constitution has been amended many times after entering into force and it has eventually become final with the referendum held on 16 April 2017. Due to the changes made over time, amendments have been made regarding the legislative restrictions which are the subject of the thesis, and the scope of the restrictions has been narrowed. As a requirement of the state of law, all the work and actions of the administration must be open to judicial review. Thanks to the recent changes, legislative restrictions have been reduced, which is a positive development. In this study, the legislative restrictions were examined within the constitutional amendments, the framework of the principles of the state of law. Furthermore, the issue was tried to be scrutinized in all respects in the light of the high courts and ECtHR's judgments.

Yazar

Dr. Musa Yıldırım Kaya

Bu Yayına Nasıl Atıf Yapılır

Musa Yıldırım Kaya (Master Thesis). Legislative restriction in Turkish Law, 2018, İstanbul Beykent Üniversity.

Lisans

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