The historical development and current state of administrative justice in Türkiye: An analysis

ABSTRACT THESIS TITLE : THE HISTORICAL DEVELOPMENT AND CURRENT STATE OF ADMINISTRATIVE JUSTICE IN TÜRKİYE: AN ANALYSIS AUTHOR : Muhammed Mahir ÖZDEMİR SUPERVISOR : Prof. Dr. Gürbüz ÖZDEMİR DEPARTMENT : Political Science and Public Administration THESIS TYPE : Master's Thesis DATE : Administrative judiciary is a legal system that resolves disputes between the state and individuals and ensures the legal review of the administration. This thesis examines the historical development of the administrative justice system from the Ottoman Empire to the present day, its developmental phases, and its current structure. In particular, it addresses the legal and institutional transformations from the Ottoman era to the Republic and up to the current state. In this context, a framework for solving the encountered problems is presented. Recommendations are proposed, particularly within the framework of the principles of the rule of law and judicial independence, to strengthen the administrative judiciary.The second chapter of the thesis focuses on the administrative justice practices in the Ottoman Empire and the fundamental characteristics of this period. Significant reforms in the field of administrative justice, starting with the Tanzimat (Reform) Era and continuing through the proclamation of the Republic to the present day, have been implemented, establishing Turkey's modern administrative justice system.The third chapter examines the outcomes of these reforms during the Republican period and the constitutional foundations of the administrative justice system. It particularly emphasizes how the position of administrative justice was strengthened, and the authority and duties of the Council of State (Danıştay) were expanded by the 1961 and 1982 Constitutions.The fourth chapter addresses practical problems, doctrinal discussions, and reform proposals. It specifically discusses issues such as the prolonged duration of administrative lawsuits, judicial independence, and effective review, and touches upon the necessary reforms.Finally, the conclusion section presents predictions and recommendations for the future of administrative justice in Turkey. The reforms required for the administrative judiciary to function as a more decisive, continuous, and fair force, along with the related legal infrastructure, are evaluated. Keywords: Administrative Judiciary, Administrative Law, Administrative Procedure Law.