Uyuşmazlık Mahkemesi Kararları Işığında İdari Yargının Görev Alanının Belirlenmesine İlişkin Bir İnceleme

Abstract

Although the Turkish Constitution clearly ensures the responsibility of the administration, there is no explicit provision as to how such a judicial review would be carried out or whether it would be subject to a separate jurisdiction. According to the judicial separation system adopted in Turkish law; the judicial review of the administration is tried by another judicial system (administrative jurisdiction) specialized in this field to determine its responsibility. However, judicial review of some administrative actions may be subject to civil jurisdiction if required regulations are made by law. In some unusual legal disputes, it is a serious problem to determine which jurisdiction should have the competency to examine. At this point, the resolution of the disputes that may occur between the judicial and administrative jurisdictions is provided by Court of Jurisdictional Disputes. Therefore, in this study, criterias applied by the Turkish Court of Jurisdictional Disputes in order to determine the scope of administrative jurisdiction will be examined.