The duty area of administra jurisdiction in the of the court of jurisdictional disputes
2019
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Advisor: Prof. Dr. Zehreddin Aslan
Abstract (EN)
In our country that adopts "separation of jurisdiction"in reviewing administrative disputes of the administrative bodies acts and actions, administrative disputes are resolved in administrative. But this distinction is not an absolute rule. Disputes arising from some administrative acts and actions can be resolved in judicial courts. Which cases, arising from the acts and actions of the administrative bodies, will be dealt with in administrative courts and others in judicial courts, are clearly defined in some laws. In some circumstances, an explicit and clear distinction between administrative jurisdiction and judicial courts cannot be determined due to the lack of legal arrangements or openness of legal rules to interpretation. In this case, the question "in which judicial system the dispute will be resolved"is taken to the Court of Jurisdictional Dispute. The Court of Jurisdictional Dispute contributed to determine the duty area of administrative jurisdiction with criteria that it developed and applied in its decisions since 1945. In this study, within the perspective of criteria applied in specifying the duty area of administrative jurisdiction, the legal framework of disputes to be resolved in administrative courts are tried to be determined in the light of decisions of higher judicial courts, mainly of the Court of Jurisdictional Dispute.
Author
Dr. Furkan Çelik
How to Cite
Furkan Çelik (Master Thesis). The duty area of administra jurisdiction in the of the court of jurisdictional disputes, 2019, İstanbul University.
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