DİNÇKOL, Hulusi Alphan Maltepe Üniversitesi - Hukuk Fakültesi, Turkey

Review of the Judicial Discretion in Administrative Justice

20732

In recent times, the opportunity to mentioned about an uncontrolled discretion power cannot be found. Naturally, a judge who can review over the discretion of administration, has a discretion power which would be reviewed by another judge or a group of judges. In accordance to determine administrative proceedings which are established with administrative discretion to the compliance of the law, the limits of the discretion power which belongs to a judge of the administrative jurisdiction are “being limited with compliance audit with laws”, “prohibition of expediency audit” and “prohibition of decision making by the judge instead of the administration”. In terms of our law, the Code of Procedures of Administrative Jurisdiction states that Danıştay which is an auditing organ of administrative jurisdiction, must just control issues in law perspective. In accordance to the suitability between the purpose and audit of Danıştay, it is necessary to show justification which is guiding judges in making the decision of reversal.

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Judicial review of administrative discretion , Compliance audit with laws , Expediency , Justification.

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1593