İDARENİN TAKDİR YETKİSİ
ADMNISTRATIVE DISCRETION

Summary/Abstract: In areas of public law, there is a systematicity which leads the administration to conduct unilateral transactions, and being predominated over the individuals while doing these transactions. In general terms, the subjects of administrative law which is a part of public law are administrative activities and relationships between indivual and administration. In order to enable public services to wide range of people and being practical in numerous public transactions, it is necessary to confer discretion to the administration under certain circumstances. However, when using this discretion, the balance between the benefits of individual and social necessity should be sustained. In this study, the conceptual content of discretion which was given to the administration, its boundaries from the part of the elements of administrative process, the essential elements of assessment for the use of discretion, the role of discretion in the legislations, ways of control within the judiciary and out of jurisdiction and, what norms and principles should be used when using this discretion are examined. In addition to this, in the light of concrete examples in practice, within which limits judiciary would control the discretion it is stated, and finally it is conluded that there is a necessity in discretion.

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