TURKISH CONSTITUTIONAL LAW
Division in Law and Hierarchy
19
French Revolution, Constitutional Law and Administrative Law
22
II. THE OTTOMAN CONSTITUTIONAL MOVEMENTS
26
The Ottoman Period Constitutions
26
Charter of Alliance, 1808
28
The Constitution Based on The Law of 1876, (Kânûn–i Esâsî)
32
III. CONSTITUTIONS OF THE REPUBLIC OF TURKEY
34
IV. PRINCIPLES EMBEDDED IN THE CONSTITUTION OF TURKEY
47
Article 2 of 1982 Constitution
47
Loyalty to the Nationalism of Ataturk
54
Respecting Human Rights
62
V. STATE ORGANS IN THE CONSTITUTION OF THE REPUBLIC OF TURKEY
62
VI. CONSTITUTIONAL JUDICIARY IN THE REPUBLIC OF TURKEY
68
The Historical Development of Constitutional Judiciary
68
Duties of the Turkish Constitutional Court
70
Decisions of the Turkish Constitutional Court
74
TURKISH ADMINISTRATIVE LAW
I. BASICS OF THE TURKISH ADMINISTRATIVE LAW
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
II. SOURCES OF THE TURKISH ADMINISTRATIVE LAW
84
Sources of the Turkish Administrative Law
85
International Conventions
87
Administrative Practice
89
III. TURKISH ADMINISTRATIVE STRUCTURE
89
Central Administration
89
Supporting Institutions
92
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
Features of Administrative Acts
101
Elements of Administrative Acts
103
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
Factors of Public Service
111
Fundamentals of Public Service
111
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
Conditions of Being Civil Servant
116
Principles According to the Law on Civil Servants No. 657
118
Duties, Rights and Prohibitions of Civil Servants
118
Rise and Disciplinary Process of Civil Servants
120
VI. Public Properties & Expropriation
122
Types of Public Properties
122
Fundamentals of Public Properties
123
VII. LAW ENFORCEMENT IN THE TURKISH ADMINISTRATIVE LAW
124
Defining Law Enforcement
125
Public Order and Its Components
125
Safety (Public Safety)
126
Health (Public Health)
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
Administrative Liability
129
Terms of Liability of the Administration
130
Absolve of the Administrative Liability
131
Turkish Administrative Judiciary System
131