Deficiency of Administrative Jurisdictions Cover Image

İdari Yargi Kararlarinin İşlevsizleşmesi
Deficiency of Administrative Jurisdictions

Author(s): Sebahattin Bektaş
Subject(s): Constitutional Law, Governance, Studies in violence and power, Post-War period (1950 - 1989), Present Times (2010 - today), Administrative Law
Published by: Sage Yayınları
Keywords: Administrative judiciary; independence of judiciary; separation of Powers;

Summary/Abstract: In the historical process, we see that the administrative judicial decisions in our country are becoming increasingly dysfunctional. The ongoing conflicts between the executive and the judiciary and the desire of the executive to control the judiciary continue. It is seen that the independence of the Judiciary was damaged with the 1982 Constitution and the 2010 Constitutional Amendment referendum. It is also observed that there has been a clear decrease in the number of annulment decisions, especially in the field of administrative jurisdiction. We consider this situation to be due to the fact that the administrative judiciary cannot act independently enough and that it feels itself under the pressure of the executive. In this study, the reasons for the gradual dysfunctioning of administrative judicial decisions in our country and solution proposals will be discussed.

  • Issue Year: 14/2022
  • Issue No: 53
  • Page Range: 11-14
  • Page Count: 4
  • Language: Turkish