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İÇİNDEKİLER
Table of Contents
Önsöz 7
Preface 9
Özgeçmiş – Resume 11
Table of Contents 13
Section I
TURKISH CONSTITUTIONAL LAW
I. INTRODUCTION 19
Introduction 19
Division in Law and Hierarchy 19
French Revolution, Constitutional Law and Administrative Law 22
II. THE OTTOMAN CONSTITUTIONAL MOVEMENTS 26
Introduction 26
The Ottoman Period Constitutions 26
Charter of Alliance, 1808 28
Re of Gülhane, 1839 29
Edict of Reform, 1856 31
The Constitution Based on The Law of 1876, (Kânûn–i Esâsî) 32
III. CONSTITUTIONS OF THE REPUBLIC OF TURKEY 34
Introduction 34
1921 Constitution 34
1924 Constitution 36
1961 Constitution 39
1982 Constitution 42
IV. PRINCIPLES EMBEDDED IN THE CONSTITUTION OF TURKEY 47
Introduction 47
Article 2 of 1982 Constitution 47
Democracy 48
Laicism 50
Loyalty to the Nationalism of Ataturk 54
Social State 57
Rule of Law 59
Equality 60
Respecting Human Rights 62
V. STATE ORGANS IN THE CONSTITUTION OF THE REPUBLIC OF TURKEY 62
Introduction 62
Legislative 62
Enacting Bills–Codes 64
Executive 65
Judicial 66
VI. CONSTITUTIONAL JUDICIARY IN THE REPUBLIC OF TURKEY 68
Introduction 68
The Historical Development of Constitutional Judiciary 68
Duties of the Turkish Constitutional Court 70
Decisions of the Turkish Constitutional Court 74
Section II
TURKISH ADMINISTRATIVE LAW
I. BASICS OF THE TURKISH ADMINISTRATIVE LAW 77
Introduction 77
A Brief History of the Turkish Administrative Law 77
Characteristics of the Turkish Administrative Law 81
Administrative Law Is a Young and Developing Branch of Law 81
Administrative Law Is an Independent Branch of Law 81
Administrative Law Is Uncodified 82
Administrative Law Is a Status Law 82
Administrative Law Arises from Jurisprudence 82
Subject of Administrative Law 83
Principles that Effect Administrative Law 83
Legality 83
Social State 83
State of Law 84
Equality 84
II. SOURCES OF THE TURKISH ADMINISTRATIVE LAW 84
Introduction 84
Sources of the Turkish Administrative Law 85
1982 Constitution 85
Codes 86
Presidential Decrees 87
International Conventions 87
By–Laws 88
Jurisprudence 88
Doctrine 89
Administrative Practice 89
III. TURKISH ADMINISTRATIVE STRUCTURE 89
Introduction 89
Central Administration 89
President 90
Ministries 91
Supporting Institutions 92
Local Administration 94
Decentralization – in terms of geographical situation 95
Decentralization – in terms of service 98
Administrative Public Organizations 99
Public Economic Enterprises 99
Scientific, Technical and Cultural Public Organizations 99
Social Public Organizations 99
Professional Organizations Having the Characteristics of Public Institutions 99
Regulatory and Supervisory Authorities 100
IV. ADMINISTRATIVE ACTS & CONTRACTS 100
Introduction 100
Administrative Acts 100
Features of Administrative Acts 101
Elements of Administrative Acts 103
Authority 103
Form and Procedure 105
Subject 105
Reason 106
Purpose 106
Types of Administrative Acts 107
Standard Act and Individual Act 107
Open Act and Implied Act 107
Simple Act, Collective Act and Mixed Act 107
Entry Into Force and End of Administrative Acts 108
Administrative Contracts 108
Contracts Governed by Administrative Law (Administrative Contracts) 109
Contracts Governed by Private Law 110
V. PUBLIC SERVICES & SERVANTS 110
Introduction 110
Public Service 110
Factors of Public Service 111
Fundamentals of Public Service 111
Consistency 111
Variability 111
Equality 112
Free of charge 112
Types of Public Service 112
Administrative Public Services 112
Economic Public Services 113
Social Public Services 113
Scientific, Cultural and Technical Public Services 113
Establishment and Termination of Public Service 113
Performing the Public Service 114
Public Servants 115
Civil servants 116
Contracted personnel 116
Workers 116
Conditions of Being Civil Servant 116
Principles According to the Law on Civil Servants No. 657 118
Classification 118
Career 118
Merit 118
Duties, Rights and Prohibitions of Civil Servants 118
Rise and Disciplinary Process of Civil Servants 120
End of Service 121
VI. Public Properties & Expropriation 122
Introduction 122
Types of Public Properties 122
Fundamentals of Public Properties 123
Expropriation 123
VII. LAW ENFORCEMENT IN THE TURKISH ADMINISTRATIVE LAW 124
Introduction 124
Defining Law Enforcement 125
Public Order and Its Components 125
Safety (Public Safety) 126
Health (Public Health) 126
Peace and Well–Being 126
Characteristics of Law Enforcement 126
Law Enforcement Authorities 127
Law Enforcement Actions and Procedures 128
VIII. LIABILITY OF THE ADMINISTRATION & TURKISH ADMINISTRATIVE JUDICIARY SYSTEM 129
Introduction 129
Administrative Liability 129
Faulty Liability 129
Strict Liability 129
Terms of Liability of the Administration 130
Absolve of the Administrative Liability 131
Turkish Administrative Judiciary System 131
Bibliography 135
Annex One 139
Index 141 |
Bilgisayar, Teknoloji Kitapları 
