P erhaps the most important current problem of the administrative law is nonapplicability of judicial decisions. There is also a public officer or a public authority who fails to fulfill a task assigned to him appears to be a major problem. In order to solve such problems, as a requirement of the rule of law, “judicial orders” is held in some countries. Judicial orders started to be implemented in countries such as France, which is adopted Continental European System, however this institution as a source taken from Anglo-American System is based on the English Legal System. UK judicial orders are “injunction” and “prerogative orders”. Prerogative orders or the privileged orders are divided into three categories; “certiorari (quashing order)”, “prohibition (prohibiting order)” and “mandamus (mandatory order)”. The main topic of this article, “mandamus” is a judicial review to force or to execute an order which is assigned to a public official or public body by Common Law or the law enforcement. In this context, the article briefly mentions about the British legal system and judicial orders in general, and then tries to explain the principle of mandamus as a type of judicial orders
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Dergi Türü : Ulusal
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