Master'sOpen Access

The right to a fair trial in the area of administrative jurisdiction in Turkey

2012
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Advisor: Prof. Dr. Zehra Odyakmaz

Abstract (EN)

AYDIN, Bihter. The Right to a Fair Trial in the Area of Administrative Jurisdiction in Turkey, Master Thesis, Ankara, 2012The right to a fair trial which is guaranteeded by a lot of international conventions and national constitutionals is a fundamental right. The right to a fair trial, which is one of the fundamental elements of the rule of law and plays an important role in the democratic society, determines rules of procedure in the civil, criminal and administrative case.European Convention of Human Rights enable the right to a fair trial with its all elements to be protected. This right, which is regulated in the 6 th provision of European Convention of Human Rights, plays a major role in terms of maintaining other rights which are determined in the Convention.Generally it was observed that the right to a fair trial and its elements are handled in term of criminal procedure but not explicated in respect of administrative trial procedure in the academic works dealing with this right. It is hoped that the thesis will contribute within this context.Thesis consists of three chapters. In the first chapter, it is mentioned about description of the right to a fair trial and how to be regulated in the international documents and the Turkish Constitutionals from Kanun-ı Esasi to the 1982 Constitution of Republic of Turkey. The second chapter is handling protective area of the right to a fair trial in the light of decisions of European Court of Human Rights. And finally, in the last chapter, elements of the right to a fair trial in terms of administrative trial procedure are examined.Keywords:1- The right to a fair trial2- State of Law3- Administrative Jurisdiction4- European Convention of Human Rights5- European Court of Human Rights

Author

Dr. Bihter Aydın

How to Cite

Bihter Aydın (Master Thesis). The right to a fair trial in the area of administrative jurisdiction in Turkey, 2012, Gazi University.

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