Abstract:

Independent administrative authorities should have powers in order to fulfill their function which is expected from them. The primary of the powers is rule-making. Other powers will be implemented with the rules set out. In this context, independent administrative authorities are given rulemaking power by constitution and establishment laws. Independent administrative authorities are functioning in areas which are directly related to fundamental rights and freedoms, so the relevance between their rulemaking process and law is worthy of review. We will start our review by determining the constitutional position and status of the independent administrative authorities. Thus, the scope and limits of the independent administrative authorities’ rule-making power will be demonstrated. If the limits of the rule-making power is exceeded, it will require the implementation of a legal sanction. Finally, the status of the regulatory actions which are exceeding the limits of rule-making power will be discussed

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