Problems of Administrative Procedure Law

Mode of Delivery

Face to Face

Prerequisites and Co-Requisites

None

Recommended Optional Programme Components

Actual Issues of Administrative Law

Course Contents

Judicial control over the administration through judicial review is a prerequisite for the rule of law. An effective judicial review of the administrative decisions and practices is essential for the protection of human rights as well. This mostly depends on a well-functioning administrative judicial system. In this course, we will try to determine both what the main obstacles of an effective administrative judiciary are, and the reasons causing such hindrance. In this context, following issues are considered in both theoretical and practical perspectives: the problems of determination and protection of the jurisdiction of administrative judiciary; the problems stemmed from the fact that the jurisdiction of administrative judiciary has not been given any constitutional protection; the problems of finding solutions through ordinary legislation to the purely administrative questions (falling into the jurisdiction of administrative judiciary) within the jurisdiction of courts of justice (general /civil judiciary); limitations brought by the law to the judicial review of the administrative decisions and practices; whether or not such limitations and restrictions are appropriate; whether or not the sources of the administrative judiciary are ample to enable it to function well; inadequacy of the administrative law of procedure, and its impact on the judicial review of administrative decisions and practices; the problems arising from the geographical distribution of the administrative courts; the problem of implementing and executing the decisions and judgments of the administrative courts by the administrative bodies; sanctions to be imposed on those who do not execute the decisions and the judgments of the administrative courts; and so on.

Weekly Schedule

1) Administrative Justice.
2) Current issues in administrative justice.
3) Current issues in administrative justice.
4) Homework presentation.
5) Current issues in administrative justice.
6) Current issues in administrative justice.
7) Administrative responsibility.
8) Semi-quiz.
9) Current issues in administrative justice.
10) Structuring.
11) Discussions.
12) Current issues in administrative justice.
13) Discussions.
14) Current issues in administrative justice.
15) Current issues in administrative justice.
16) Final exam.

Recommended or Required Reading

Planned Learning Activities and Teaching Methods

1) Lecture
2) Discussion

Assessment Methods and Criteria

Contribution of Midterm Examination to Course Grade	40%
Contribution of Final Examination to Course Grade	60%
Total	100%

Language of Instruction

Turkish

Work Placement(s)

Not Required