Over the past years the role of judges has been expanding worldwide, even on constitutional and p... more Over the past years the role of judges has been expanding worldwide, even on constitutional and political issues. This development is highly debatable, but the paper considers it as inevitable in any jurisdiction: national, supranational and international. Judicialization is also the main consequence of a new cosmopolitan legalism. However, there remain some relevant peculiarities of the different judges, and ambiguities of the international courts. In any case, it is excessive to speak of a ‘Rule of Judges’ or of a ‘Juristocrocacy’. The paper concludes that the judges should use their wide powers with a wise moderation.
stanbul Ticaret Üniversitesi Sosyal Bilimler Dergisi Yıl:4 Sayı:8 Güz 2005/2 s.1-25 KAMU HİZMETİ ... more stanbul Ticaret Üniversitesi Sosyal Bilimler Dergisi Yıl:4 Sayı:8 Güz 2005/2 s.1-25 KAMU HİZMETİ İMTİYAZ SÖZLEŞMELERİNDEN KAYNAKLANAN UYUŞMAZLIKLARDA TAHKİM USULÜ* Zehreddin ASLAN∗∗∗∗ Nilay ARAT∗∗∗∗∗ ... Page 2. Zehreddin Aslan / Nilay Arat ...
EnglishIn this chronicle, the discretionary power of administration and its legislative, administ... more EnglishIn this chronicle, the discretionary power of administration and its legislative, administrative and judicial limits under Turkish Administrative Law are set forth briefly. In doing so, first the limits imposed on the legislator while giving discretionary power to the administration under the Turkish Constitution are examined. Then, the limits of the discretionary power of the Turkish Administration under the Turkish legal system are analyzed by taking into consideration first the characteristics of the administrative act, followed by the judicial point of view on the subject. francaisCette chronique se penche brievement sur le pouvoir discretionnaire de l'administration et ses limites legislatives, administratives et judiciaires en droit administratif turc. Ce faisant, elle examine d'abord les limites posees au legislateur par la Constitution turque lorsqu'il accorde un pouvoir discretionnaire a l'administration. Ensuite, elle analyse les limites du pouvoir d...
... OMBUDSMAN-BUGÜNÜN DEĞİŞEN İHTİYAÇLARININ KARŞILANMASI = THE OMBUDSMAN-MEETING TODAY&#... more ... OMBUDSMAN-BUGÜNÜN DEĞİŞEN İHTİYAÇLARININ KARŞILANMASI = THE OMBUDSMAN-MEETING TODAY'S CHANGING NEEDS. Kerstin Andrê, Nilay Arat. Özet. ÖZET. Tam Metin: PDF. Refbacks. There are currently no refbacks.
In this paper, an overview of the global economic crisis is provided by laying down the causes th... more In this paper, an overview of the global economic crisis is provided by laying down the causes that brought USA and EU into crisis. Further, legal responses to the crisis are set forth. As regards the legal responses, both sides of the Atlantic tried to promote economic growth, struggle with and make a way out of the crisis and strengthen economic governance. However, in that sense, we encounter a number of critical issues that have to be carefully considered in the course of economic intervention of the State.
This paper examines arbitration procedure for the disputes arising out of a public service conces... more This paper examines arbitration procedure for the disputes arising out of a public service concession agreement. In this study, authors firstly give some background about arbitration and related arbitration laws in Turkey regarding concession agreements. Secondly, they sketch the outline of administration acts and public service concession agreements. Then, they discuss the latest Constitutional amendments in the way of availing disputes arising out of public service concession agreements for arbitration. Lastly, they underline the negative and positive results of arbitration in the case of a concession agreement where public benefit must be sought.
... OMBUDSMAN-BUGÜNÜN DEĞİŞEN İHTİYAÇLARININ KARŞILANMASI = THE OMBUDSMAN-MEETING TODAY&#... more ... OMBUDSMAN-BUGÜNÜN DEĞİŞEN İHTİYAÇLARININ KARŞILANMASI = THE OMBUDSMAN-MEETING TODAY'S CHANGING NEEDS. Kerstin Andrê, Nilay Arat. Özet. ÖZET. Tam Metin: PDF. Refbacks. There are currently no refbacks.
Having spread out to the world from its homecountry, Sweden, the Ombudsman has been an important ... more Having spread out to the world from its homecountry, Sweden, the Ombudsman has been an important part of State machinery in almost every democratic state. It functions as a "mediator" between State and individuals. Through such institution, individuals have an additional control mechanism on administration. Especially in emerging democracies it has an additional function for protecting human rights. Such an institution has also been established recently in Turkey, that is, the so-called Public Auditor Institution. Setting up a legal standing for the Public Auditor Institution was, relatively, a long legal story, worth explaining. In this regard, first there was a legislation challenged before the Constitutional Court and failed to come into force. Then, another legislation in order to amend the 1982 Constitution came into stage including a provision for the establishment of the Public Auditor Institution. This was also challenged before the Constitutional Court but passed ...
İstanbul Üniversitesi Hukuk Fakültesi Mecmuası, Jan 1, 2011
... OMBUDSMAN-BUGÜNÜN DEĞİŞEN İHTİYAÇLARININ KARŞILANMASI = THE OMBUDSMAN-MEETING TODAY&#... more ... OMBUDSMAN-BUGÜNÜN DEĞİŞEN İHTİYAÇLARININ KARŞILANMASI = THE OMBUDSMAN-MEETING TODAY'S CHANGING NEEDS. Kerstin Andrê, Nilay Arat. Özet. ÖZET. Tam Metin: PDF. Refbacks. There are currently no refbacks.
Over the past years the role of judges has been expanding worldwide, even on constitutional and p... more Over the past years the role of judges has been expanding worldwide, even on constitutional and political issues. This development is highly debatable, but the paper considers it as inevitable in any jurisdiction: national, supranational and international. Judicialization is also the main consequence of a new cosmopolitan legalism. However, there remain some relevant peculiarities of the different judges, and ambiguities of the international courts. In any case, it is excessive to speak of a ‘Rule of Judges’ or of a ‘Juristocrocacy’. The paper concludes that the judges should use their wide powers with a wise moderation.
stanbul Ticaret Üniversitesi Sosyal Bilimler Dergisi Yıl:4 Sayı:8 Güz 2005/2 s.1-25 KAMU HİZMETİ ... more stanbul Ticaret Üniversitesi Sosyal Bilimler Dergisi Yıl:4 Sayı:8 Güz 2005/2 s.1-25 KAMU HİZMETİ İMTİYAZ SÖZLEŞMELERİNDEN KAYNAKLANAN UYUŞMAZLIKLARDA TAHKİM USULÜ* Zehreddin ASLAN∗∗∗∗ Nilay ARAT∗∗∗∗∗ ... Page 2. Zehreddin Aslan / Nilay Arat ...
EnglishIn this chronicle, the discretionary power of administration and its legislative, administ... more EnglishIn this chronicle, the discretionary power of administration and its legislative, administrative and judicial limits under Turkish Administrative Law are set forth briefly. In doing so, first the limits imposed on the legislator while giving discretionary power to the administration under the Turkish Constitution are examined. Then, the limits of the discretionary power of the Turkish Administration under the Turkish legal system are analyzed by taking into consideration first the characteristics of the administrative act, followed by the judicial point of view on the subject. francaisCette chronique se penche brievement sur le pouvoir discretionnaire de l'administration et ses limites legislatives, administratives et judiciaires en droit administratif turc. Ce faisant, elle examine d'abord les limites posees au legislateur par la Constitution turque lorsqu'il accorde un pouvoir discretionnaire a l'administration. Ensuite, elle analyse les limites du pouvoir d...
... OMBUDSMAN-BUGÜNÜN DEĞİŞEN İHTİYAÇLARININ KARŞILANMASI = THE OMBUDSMAN-MEETING TODAY&#... more ... OMBUDSMAN-BUGÜNÜN DEĞİŞEN İHTİYAÇLARININ KARŞILANMASI = THE OMBUDSMAN-MEETING TODAY'S CHANGING NEEDS. Kerstin Andrê, Nilay Arat. Özet. ÖZET. Tam Metin: PDF. Refbacks. There are currently no refbacks.
In this paper, an overview of the global economic crisis is provided by laying down the causes th... more In this paper, an overview of the global economic crisis is provided by laying down the causes that brought USA and EU into crisis. Further, legal responses to the crisis are set forth. As regards the legal responses, both sides of the Atlantic tried to promote economic growth, struggle with and make a way out of the crisis and strengthen economic governance. However, in that sense, we encounter a number of critical issues that have to be carefully considered in the course of economic intervention of the State.
This paper examines arbitration procedure for the disputes arising out of a public service conces... more This paper examines arbitration procedure for the disputes arising out of a public service concession agreement. In this study, authors firstly give some background about arbitration and related arbitration laws in Turkey regarding concession agreements. Secondly, they sketch the outline of administration acts and public service concession agreements. Then, they discuss the latest Constitutional amendments in the way of availing disputes arising out of public service concession agreements for arbitration. Lastly, they underline the negative and positive results of arbitration in the case of a concession agreement where public benefit must be sought.
... OMBUDSMAN-BUGÜNÜN DEĞİŞEN İHTİYAÇLARININ KARŞILANMASI = THE OMBUDSMAN-MEETING TODAY&#... more ... OMBUDSMAN-BUGÜNÜN DEĞİŞEN İHTİYAÇLARININ KARŞILANMASI = THE OMBUDSMAN-MEETING TODAY'S CHANGING NEEDS. Kerstin Andrê, Nilay Arat. Özet. ÖZET. Tam Metin: PDF. Refbacks. There are currently no refbacks.
Having spread out to the world from its homecountry, Sweden, the Ombudsman has been an important ... more Having spread out to the world from its homecountry, Sweden, the Ombudsman has been an important part of State machinery in almost every democratic state. It functions as a "mediator" between State and individuals. Through such institution, individuals have an additional control mechanism on administration. Especially in emerging democracies it has an additional function for protecting human rights. Such an institution has also been established recently in Turkey, that is, the so-called Public Auditor Institution. Setting up a legal standing for the Public Auditor Institution was, relatively, a long legal story, worth explaining. In this regard, first there was a legislation challenged before the Constitutional Court and failed to come into force. Then, another legislation in order to amend the 1982 Constitution came into stage including a provision for the establishment of the Public Auditor Institution. This was also challenged before the Constitutional Court but passed ...
İstanbul Üniversitesi Hukuk Fakültesi Mecmuası, Jan 1, 2011
... OMBUDSMAN-BUGÜNÜN DEĞİŞEN İHTİYAÇLARININ KARŞILANMASI = THE OMBUDSMAN-MEETING TODAY&#... more ... OMBUDSMAN-BUGÜNÜN DEĞİŞEN İHTİYAÇLARININ KARŞILANMASI = THE OMBUDSMAN-MEETING TODAY'S CHANGING NEEDS. Kerstin Andrê, Nilay Arat. Özet. ÖZET. Tam Metin: PDF. Refbacks. There are currently no refbacks.
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