Renewal of the judgement in Turkish Administrative Proceedings Law
2018
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Advisor: Dr. Öğr. Üyesi Ahmet Kürşat Ersöz
Abstract (EN)
Although it has a limited area of application, retrial is a very important procedural law institution. The fact that it is included in the law of criminal procedure as well as administrative law and civil procedure law confirms this point. Another remarkable point is the institution's the background. As discussed in the study, retrial has been applied in legal systems in different places and times. In fact, it is seen that the regulations in the various legal systems in the history are similar to the current ones, especially in our legal system. The described aspect shows that even retrial's content varies from place and over time it is applied in the same or similar ways in basic subjects. In addition to general information about retrial, the historical development of the institution, because of its importance is also included. The importance of retrial as a legal way comes from its relation with the definitive judgement. As it will be often mentioned in the study, retrial has an aspect which consists to abolish the definitive judgement. With this explained reason, it is very important for the state of law to completely and correctly expose the conditions of application. Notwithstanding that, it should be said that the legal regulations regarding the matter are kept strict in terms of administrative jurisdiction. At this point, the importance of judicial decisions and doctrine is increasing. However, it has been observed that in many subjects both sources have very different results in the same headings. In this study, which aims to examine retrial in all details, it has been tried to accomplish this aim by giving place to many decisions given by the high courts on different dates and doctrinal views that discuss the subject from different perspectives.
Author
Dr. Cem Çulha
How to Cite
Cem Çulha (Master Thesis). Renewal of the judgement in Turkish Administrative Proceedings Law, 2018, Akdeniz University.
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