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YENİ ANAYASA ÇALIŞMALARINDA İDARE HUKUKU AÇISINDAN GÖZÖNÜNDE BULUNDURULMASI GEREKEN HUSUSLAR
2015
Journal:  
Uyuşmazlık Mahkemesi Dergisi
Author:  
Abstract:

This article is concerned with subjects to be considered with regards to administrative law when efforts for preparations for a new constitution or constitutional amendment are exerted. However; in the meantime, as it is “human beings” who are to implement the constitution and new laws to be enacted accordingly, the importance of investment to be made in “human being”, “youth” is touched upon and the significance of presence of a philosophy belonging to the constitution which shall rejuvenate and always keep alive national sentiments of youth is expressed. As the provision on emphasis of implementation of administrative judicial regime in our country, usage of a more explicit expression for the protection of the duty field of administrative judiciary, regulation of the conditions for revocation by law in terms of legal obligation of public officers, the right of individual to demand to be well-administered along with the obligation of administration to well-administer are also included in international legislation; it is suggested that in the Constitution the relationship between “administration and morals” falling within this scope shall find its expression, all the principles of administrative procedure shall be provided and that the institution of mediation shall be made obligatory in certain disputes. The necessity of amendment in the provisions regulating the Institution of Ombudsman of Republic of Turkey and Supreme Military Administrative Court and the significance of the court in question are elucidated.Historical phases during which concepts such as the form of state, characteristics of the republic, integrity, official language, flag of the state that are provided as irrevocable are acquired are recalled very briefly

Keywords:

The new constitution must be understood by the law.
2015
Author:  
Abstract:

This article is concerned with subjects to be considered with regard to administrative law when efforts for preparations for a new constitution or constitutional amendment are carried out. However; in the meantime, as it is “human beings” who are to implement the constitution and new laws to be enacted accordingly, the importance of investment to be made in “human being”, “youth” is touched upon and the significance of the presence of a philosophy belonging to the constitution which shall rejuvenate and always keep alive national feelings of youth is expressed. As the provision on emphasis of implementation of administrative judicial regime in our country, use of a more explicit expression for the protection of the duty field of administrative judicial, regulation of the conditions for revocation by law in terms of legal obligation of public officers, the right of the individual to demand to be well-administrated along with the obligation of administration to well-administrate are also included in international legislation; it is suggested that in the Constitution the relationship between "administration and moral" falling within this scope shall find its expression, all the principles of administrative procedure shall be provided and that the institution of mediation shall be made mandatory in certain disputes. The necessity of amendment in the provisions regulating the Institution of Ombudsman of the Republic of Turkey and the Supreme Military Administrative Court and the significance of the court in question are elucidated.Historical phases during which concepts such as the form of state, characteristics of the republic, integrity, official language, flag of the state that are provided as irrevocable are acquired are recalled very briefly

Keywords:

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