Özet:

The principle of proportionality, which has been practiced for a long time in the European legal systems, in Germany, is not an unknown concept to the Turkish Public Law. However, the administrative courts did not attach the proper meaning to that principle or refrained from doing it fairly. After the 2001 constitutional amendments, this situation is being expected to change at an increasing rate. The use of the principle of proportionality with all its elements is considered to have extremely important results according to both the administration and to the individual. Enforcing the principle of proportionality may create a significant difference in terms of balancing the individual and the public interest. In this study, the important role that the principle of proportionality may play in the stage of enjoying the administrative discretion and making the judicial review is reviewed. Therefore, first the principle of proportionality is described in general terms and then its relationship with the administrative discretion is explained

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