Okulların Tüzel Kişiliği Var Mıdır? Olmalı Mıdır?
Do Schools Have Legal Personalities? Should They?

Summary/Abstract: Schools have been formed by various thought currents throughout history and are the veriest units of education. The authority that is exercised and the duties that are fulfilled by this unit vary from country to country. As the administrative structure is formed in accordance with the principle of centralization, in Turkey, schools hold authorities and duties which are proper to the centralized structure. Therefore except for the universities, schools of all other educational levels do not have legal personality apart from public entity of the state. The starting point of this paper is to clarify the concept of legal personality, what the public and private entities are and to discuss what the advantages and disadvantages would be if schools had their own legal personality. It is difficult to say that there is a consensus on the opinion that schools should have legal personality. On the other hand, it is another fact that the Ministry of National Education is in need of alterations that will moderate the strict centralization. On the grounds that the situation of whether the schools should or should not have legal personality is per se related to the concepts of centralization and decentralization, the discussions in this paper are focused on these two concepts.

• Details
• Contents