INTRODUCTION TO LAW
Yrd.Doç. Dr. Sevda Yaşar COŞKUN
WHY LAW?
• Do we need law?
• Is the law only rules?
• We need rules. Because we have to live
together. (“Human is a social animal”
Aristotales).
• Living in a society brings up some conflicts.
Yd.Doç.Dr. Sevda Yaşar COŞKUN
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WHY LAW?
• Conflict of our interests are inevitable.
• This conflicts create kaos, complexity and
anarchy.
• So that we need social order rules.
• These rules are moral, religious, customs,
etiquette and legal rules.
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WHY LAW?
• Legal rules are inspired by the rules of social
order.
• Cronogically legal rules come after social
order rules. WHY?
• Because a rule guides us in what we may,
ought or ought not to do, it is said to be
normative.
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DISTINGUISHİNG LEGAL AND
OTHER RULES
• All rules, whether legal, moral or just
customary are normative, laying down
standards of behaviour to which we ought to
conform if the rule affects us.
• How do we distinguish, for example, between
a legal rule and a moral rule? In our society,
though we consider it immoral to tell lies, it is
not generally against the law to do so.
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CONTINUE
• Of course, some moral rules are also
embodied in the law, such as the legal rule
prohibiting murder.
• This does not mean,however that law and
morality always correspond.
• The power of the law to uphold one kind of
conduct and repudiate another is based
directly on the authority of the State.
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CONTINUE
• Social order rules are not normally enforced
by the State.
• Legal norms are rendered compulsory by the
State’s authority.
• A rule of social conduct becomes a legal rule,
and thus in a sense “a law” , if the State is
prepared to enforce obedience to this rule by
resorting to force ,if necessary.
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CONTINUE
• The measures taken by the State to make
persons comply with legal norms are called
“sanctions” (yaptırım- müeyyide).
• Legal norms,therefore, are those rules of are
conduct which are supported by sanctions
applied by the State.
• Generally a sanction is to mean what the law
says will or may happen if a person fails to
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CONTINUE
• abide by or violates a legal rule.
• Word of sanction implies that non-compliance
is wrong and the wrong-doer will be
penalized.
• It is important to note, however, that the
concept of the sanction is not limited to
punisment, but also includes rewarding
compliance.
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CONTINUE
• Among the rules of social conduct, only legal
norms are supported by the State’s power of
sanction.
• The sanction is either criminal(punisment-ceza),
civil
(e.g.,
compensation-tazminat),
or
administrative (e.g., revocation of licenseruhsatnamenin geri alınması).
• An injunction (a special kind of order issued by a
court; yürütmenin durdurulması, önlem kararı)
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CONTINUE
• Restraining a defendant from carrying out a
course of conduct may also be regarded as a
sanction.
• The law divides legal wrongs into two
categories, namely criminal wrongs and civil
wrong.
• The law redresses injuries commited against
persons and property in two ways ;
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CONTINUE
• Through criminal prosecutions , where the
State punishes those responsible for causing
harm or loss to another in a way forbidden by
the laws.
• Through civil law actions, where the injured
party brings a private suit for damages.
• Criminal cases are dealt with one set of
courts; criminal courts (ceza mahkemeleri).
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CONTINUE
• civil cases another; civil courts(hukuk
mahkemeleri).
• It is possible for a person to commit both a
criminal and a civil wrong by the same act for
which he or she will be punished by criminally
in addition to any monetary compensation
he/she ordered to pay. EXAMPLE?
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APPLICATION OF LEGAL RULES
• Article 1 of the Civil Code provides that “ the
law must be applied in all cases which come
within the letter or the spirit of any
provisions”.
• When deciding a case, the judge must
ascertain which legal rules are applicableto
that case.
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CONTINUE
• Where there is no written provision
applicable, the judge will decide according to
existing customary law .
• The judge may not refuse to decide a case
even when there is no customary rule
applicable.
• In such case he/she must decide according to
the rules which he/she would lay down if
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CONTINUE
• He/she had to act as a legislator.
• All legal cases must be based on certain facts.
It is the duty of plaintiff(davacı) in civil cases
or the prosecution(savcı; iddia makamı) in
criminal cases, to bring forward evidence of
facts for that particular case.
• Evidence can be testimony, written materials,
documents or material objects (tangible
evidence).
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THE METHODS OF REASONING EMPLOYED
IN REACHING THE JUDGEMENT
• After establishing the facts, the court applies
the relevant provisions of law.
• The outcome of this process is the decision
(judgement ) of the court (karar; hüküm).
• The decision of the court is the legal
conclusion derived from the application of the
relevant provisions of law to the proven facts.
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THE METHODS OF REASONING EMPLOYED
IN REACHING THE JUDGEMENT
• A court decision is expected to be based on
reasoning that discuses arguments and
counter-arguments made by the parties in
light of the relevant facts and legal rules
(verdict).
• These are some of the methods employed by
the courts in reaching their judgements.
A) Syllogism: as the act of thought by which
from two given premises (önermeler, öncüller)
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THE METHODS OF REASONING EMPLOYED
IN REACHING THE JUDGEMENT
• We proceed to a third premise.
• The application of legal rules involves, by and
large, a similar logical process.
• A certain factual situation or occurunce(the facts
of a case; the minor premise)is subsimed under a
general rule or principle of law (the major
premise) and then a conclusion(judgement) is
drawn concerning the applicability or nonapplicability of the rule to the facts of the case.
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CONTINUE
B) Argumentum a Contrario: an argument
derived from the opposite of the meaning of a
legal rule. Example is adoption.
C) Analogy : by this method a gap in the law is
filled through the application of a rule used in
similar cases. Example is the law concerning
surnames.
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BURDEN OF PROOF
• In the course of proceedings before a court, a
fact is said to be proven when the court is
satisfied as to its truth.
• The evidence by which this result is produced
is called the proof.
• The facts of cases are alleged, put forward and
if possible, proven by the parties to a case.
• Usually it is the plaintiff who has to prove the
facts.
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BURDEN OF PROOF
• But the defendant may have a burden of proof
if he/she raises an “affirmative defense”.
• When the defendant doesn’t deny the
existence of the facts put forward by the
plaintiff but asserts new facts which refute
them , this is called affirmative defense. E.g.
Buy or donate.
• In this case, the most important questions of
litigation: who must prove this first?
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BURDEN OF PROOF
• In criminal cases, all the elements of the crime
with which the defendant is charged with
must be proven by the Prosecution.
• The Prosecuter asserts the guilt of the accused
and “everyone charged with a penal offence
has the right to be presumed innocent until
proven guilty” (Cons. Art.38/4; UDHR. Art 11;
UCHR. Art. 6).
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BURDEN OF PROOF
• The burden of proof may shift from one party
to another and claims and counter claims may
go back and forth between parties like a pingpong ball.
• The general principle for the burden of proof
is laid down in Art.6 of the Civil Code: In the
absence of a special provision to the contrary,
each party is bound to prove the existence of
the facts on which he bases his right (claim).
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BURDEN OF PROOF
• Under this general rule, it is the plaintiff who
is required first to prove on which his case is
based.
• The defendant is in the same position when
he/she raises counter allegations as a defence.
• Sometimes this general can be failed, then
discretion of the judge (takdir yetkisi) works
out. Thus the judge should decide which claim
is based on an exceptional or unusual fact.
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PRESUMPTIONS (KARİNELER,
BELİRGELER)
• A presumption is, the assumption
(acceptance) of the truth of a fact without
direct proof, i.e. an inference as to the
existence of one fact from the known
existence of some other fact or group of facts.
• Examples of presumptions:
1) Statutory (Legal) Presumptions(Kanuni Karine)
These presumptions are established by the law.
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PRESUMPTIONS (KARİNELER,
BELİRGELER
• Typical example is the husband is presumed to
be the father of a child born during the
marriage. İf someone to disprove this
presumption then, paternity could be a
problem.
• Another statutory presumption is is about
entries made in public registers and of duly
authenticated documents (Civil Code art. 7 )
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PRESUMPTIONS (KARİNELER,
BELİRGELER
2) Rebuttable Presumptions (Adi Karineler),
presumptions whose inaccuracy may be
proven are called rebuttable presumptions.
• The incorrectness of these presumptions
may be proven by presenting evidence
showing that the presumption is wrong.
• Examples of rebuttable presumptions
established by the law.
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PRESUMPTIONS (KARİNELER,
BELİRGELER
Presumption of Innocence (Masumiyet Karinesi),
• This presumption provides that a person accused
of a crime is innocent until he/she is proven
guilty. This presumption is one of the
international human rights principles.
Presumption of Good Faith (İyiniyet Karinesi),
• This presumption in legal transactions is an
important tenet of law and is presumed
whenever the existence of a right has been
expressly made to depend on the observence of
good faith.
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PRESUMPTIONS (KARİNELER,
BELİRGELER
• Good faith means that the parties, when
dealing with each other, acted honestly and
didn’t engage in any deceptive acts.
Presumption of Ownership (Mülkiyet Karinesi),
• According to Art. 898 of the Civil Code “ the
person in possesion of a movable property is
presumed to be its owner. Pencil for example.
Yd.Doç.Dr. Sevda Yaşar COŞKUN
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PRESUMPTIONS (KARİNELER,
BELİRGELER
Presumption of Paternity (Babalık Karinesi),
• The defendant is the father of the child where
it is proved that he cohabited with the childs
mother in the period between the three
hundredth and one hundred and eightieth day
before its birth.
3) Irrebutable (Conclusive) Presumptions ,
• Is a fact that the law does not allow to be
rebutted.
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PRESUMPTIONS (KARİNELER,
BELİRGELER
• The Turkish Criminal code provides that a person
who engages in sexsual intercourse with achild
younger than fifteen years is guilty even if there
was no violence, threat or deception involved.
• Another example of an irrebutable presumption
is to be found in Civil Code, which provides “No
person can allage that he has no knowledge of a
particular entry in the Land Registry”.
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INTERPRETATION OF LEGAL RULES
• The correct application of legal rules
presupposes the konwledge of their real sense
(meaning ) and purpose.
• The judge applies the rule almost
automatically when, and if, it leaves no doubt
as to its meaning and purpose.
• Not all laws are straightforward and simple. In
many cases the potentially applicable legal
rules are ambiguous, uncertain and vague.
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INTERPRETATION OF LEGAL RULES
• There are many instances where parties
representing conflicting interests attribute
quite different meanings to the same
provision of law.
• The judge who is confronted with such a
problem has to task of determining the proper
or correct meaning of the rule or rules in
question.
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INTERPRETATION OF LEGAL RULES
• Why legal rules are not always sufficiently clear?
Because, they are formulated in an abstract and
general ways.
• This is to some extent inevitable as the legislature
usually makes rules to regulate all cases falling
within a certain category.
• Thus, no legislature can be expected to make
rules that will cover all the details of specific and
concrete cases which may arise in the future.
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INTERPRETATION OF LEGAL RULES
• Determination of the proper meaning of a legal
rule is a complicated process involving a number
of a techniques, the essence of which is
interpretation (yorum).
• Interpretation may be defined as the mental
process whereby the meaning and purpose of a
legal rule is ascertained.
• On the other hand the law must be applied to all
cases that come not only within its letter but also
its spirit (CC. Art. 1).
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METHODS OF INTERPRETATION
• We can categorise the methods of interpretation
as grammatical interpratation, historical
interpratation, logical interpratation,teleological
interpratation and free interpretation.
• A) grammatical (textual) interpratation, seeks
only to ascertain the meanings of words and
sentences in the applicable legal provision.
• This method is sufficient when the meaning of
words and sentences are clear enough to be
directly applied by the judge.
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METHODS OF INTERPRETATION
• However it should be noted that the the
textual method of interpretation will not
necessarily be sufficient as the words in a text
are not always clear.
• B) historical interpretation, this interpretation
method is based on the understanding
revealed by analysis of the history of the
drafting and adopting of the law in question.
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METHODS OF INTERPRETATION
• It therefore involves researching the period of
time between the preparation of the draft and its
enactment.
• C) Logical Interpretation: This metod is employed
in situations where the law is ambiguous, silent
or when there are two or more inconsisent
provisions equally appiblicable to the same case.
In such circumstances, the judge will analyze the
law in logical manner, correcting obvious
grammatical errors and taking into consideration
the spirit of the law.
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METHODS OF INTERPRETATION
• D) Teleological Interpretation,
• This metod is employed for ascertaining the
purpose of the law in question by analyzing its
legislative history within the context of the
cultural, social and economic values as well as
the balance of interests that existed at the
time the law was enacted.
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METHODS OF INTERPRETATION
• E) Free or Unrestricted Interpretation,
• This method, without any reliance on the
written text, interprets the law according to
the actual event and the needs created by the
conditions prevailing at that time.
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METHODS OF INTERPRETATION
• Interpretation in the field of International Law,
is addressed in the Viena Convention on the
Law of Treaties.
• In article 31 of the convention in interpreting
treaties the priority is given to the literal
(textual) method.
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SOURCES OF LAW
• As a general rule, the first source is the written
set of laws, rules or regulations and the judicial
decisions.
• The Constitution
• Statues
• International treaties
• Decrees with the effect of law
• Regulations
• By-Laws
• Judicial Decisions
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SOURCES OF LAW
• Written laws and regulations are only one,
albeit important, source of law.
• On some instances, they are inadequate or
entirely silent on a matter.
• If the legal issue is new, and there is no
existing law, lawyers, judges and scholars must
find other sources to provide guidance and
answers.
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SOURCES OF LAW
• This other sources include customary law and
the writings of eminent legal scholars.
• Customary law is by definition unwritten law.
• Customary law had particular importance in
older legal systems where traditional practices
served more as the foundation of law than did
written law.
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SOURCES OF LAW
• In Turkish law, customary rules are of
«complemantary» nature, ie.the judge may
recourse to customary law if there is no
written law applicable to the case (CC. Art.1).
• This provision indicates the superiority of
written law over the customary
rules;customary law may be applicable when
there is no written rule relevant to the case at
hand.
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SOURCES OF LAW
• The Turkish Constitution provides that
international treaties duly put into effect are
of equal status to laws(statutes).
• However, no claim of unconstitutionality of an
international treaty can be heard by the
Constitutional Court.
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LEGAL SYSTEMS OF THE WORLD
• Every nation has her own domestic (national)
law which is different from others.
• Now, there are about 200 systems of domestic
(national) law systems living by side by side.
• These countries may be divided into a small
number of broad groups in terms of some
basic characteristics of their laws : civillian and
common law countries.
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LEGAL SYSTEMS OF THE WORLD
• Civillian countries which include continental
Europe and many other Latin American
countries and Turkey and Japan.
• Common law countries comprise The English
speaking world and territories which, in the
past where parts of the British Empire such as
Australia or New Zeland and The United
States.
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LEGAL SYSTEMS OF THE WORLD
• Common law is a system of principles and
concepts based on the judgements of courts.
• Common law concepts developed by judges
on a case by case basis may become “
statutory law” when the legislature chooses
the regulate the matter by legislation.
• Concepts of Civillian law are based on Roman
Law.
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LEGAL SYSTEMS OF THE WORLD
• In addition to these most common systems of
law Islamic Law which is more or less applied
in Islamic countries may be regarded as a
third system.
• On the other hand socialist system of law
continue its existence even after the collapse
of Soviet union in countries like Cuba and
North Korea.
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LEGAL SYSTEMS OF THE WORLD
• However, that in many countries one may find
a mixture of two systems. Exp. Egypt.
• WHAT IS THE DIFFERENCE BETWEEN CIVILLIAN
AND COMMON LAW SYSTEMS?
• Modern civil law is based on the inquisitorial
method of law, modern common law is based
on the adversarial method of law.
• The inquisitorial method of law seeks justice
through the questioning of the wrongdoer.
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LEGAL SYSTEMS OF THE WORLD
• The function of the law, through the prosecuting
court is to seek the truth.
• The function of all the officers of Justice is to seek
the truth; not necessarily to defend the accused
or to vindicate the alleged victim.
• The adversarial method of law is based on the
dialectic method, that by the forceful opposition
of views, evidence, arguments etc. The truth is
expected to emerge at the end of these
confrontations.
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LEGAL SYSTEMS OF THE WORLD
• In summary the role of parties in common law
systems differs significantly from that of the
civillian law.
• Another difference can be found in the decisionmaking process. Civillian law is a judge-based
system.
• As direct representatives of the State Judges
conduct the trial and define the scope and the
extent of the inquiry, decide both the facts and
the law.
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LEGAL SYSTEMS OF THE WORLD
• Common law relies on jury made up of
laypersons. Jury is a group of lay persons
selected according to law to inguire the
matters of fact and to declare a verdict in the
case submitted to them.
• The role of the judge in civil law systems is
much more active and involved than that
which is permitted in common law systems.
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BRANCHES OF LAW
• In continental European Countries the commonly
accepted classification rests on the tradational
distinction between public law (kamu hukuku)
and private law (özel hukuk).
• This classification is arrenged according to the
subject-matter and the nature of the rules
applied by law.
• Public law embraces those rules which regulate
the relations between private individuals and the
State, as well as the structure and operation of
Goverment departmens.
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BRANCHES OF LAW
• It determines the extent of State authority and
regulates the the relationship of the various State
organs with each other and with the public.
• Relationships between the State and members of
the public cannot always be equal, as the State
necessarily enjoys a dominant position.
• Private law regulates the relationship between
private persons (both natural and legal). This can
also include the State where it acts in the
capacity of a private sector.
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BRANCHES OF LAW
• The state may come under the regime of private
law in matters such as leasing a building or
purchasing supplies.
• Some other types of legal classifications are:
• Domestic/national of municipal law (iç hukuk)
and international law (milletlerarası hukuk).
• Substantive law (maddi hukuk) and procedural
law (usul hukuku).
• Another classification of law is based on the type
of political jurisdication which promulgated that
law (i.e. Federal law or State law).
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PUBLİC LAW-PRİVATE LAW
• The distinction between “public” and “private“
law refers to the differente types of relationship
regulated by different legal norms.
• Legal norms are classified and systematized
according to the nature of relationships they are
meant to govern.
• Private law as a rule deals with relationships and
the resolution of conflicts among private
individuals.
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PUBLİC LAW-PRİVATE LAW
• Public law deals with relationships and the
resolution of conflicts among individuals and
the State,
• with govermental regulation of individual and
corporate avtivities,
• and with the organization and limitations of
State power.
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PUBLİC LAW-PRİVATE LAW
• In drawing a line between the two main
branches of the law focuses on the character
of interest protected by the law.
• Legal rules which protected public interest are
considered public law, while those protected
private interest are regarded as private law.
• It is not easy to distunguish public interest
from private interest in light of modern
developments.
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BRANCHES OF PUBLİC LAW
• Public law may be divided into five main
branches ; constitutional law (anayasa
hukuku), administrative law (idare
hukuku),criminal law (ceza hukuku),
procedural law(usul hukuku) and public
international law (devletler genel hukuku).
• Constitutional Law, regulates the social
relations directly connected to the exercise of
State power.
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CONSTITUTIONAL LAW
• It defines and delineates the structure of the
State and its constitutional functions and
practices.
• It is concerned with distiribution of
govermental powers (legislative, executive
and judicial) and the functions and
responsibilities entailed in the exercise of
these powers.
Yd.Doç.Dr. Sevda Yaşar COŞKUN
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CONSTITUTIONAL LAW
• The task of defining and safeguarding
fundemental rights and freedoms is also
among the functions of constitutional law.
• Constitutional law in any modern democratic
country includes varios limitations that restrict
the powers of govermental
branch,department or public officer (civil
servant).
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CONSTITUTIONAL LAW
• The constitution is the fountainhead of public
law and also the juridicial foundation for
legislation in other fields of law.
• The primary and most important source of
Turkish constitution law is the constitution of
Turkish Republic, 1982.
• Constitutions serve as the supreme legal
framework to which other inferior laws are
subject.
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CONSTITUTIONAL LAW
• Turkish Constitution of 1961 introduced a system
of judicial review of legislative acts and created a
special Constitutional Court to perform this
review.
• The Constitutional Court has the power to
declare “null and void” any statute passed by the
Parliament which is contrary to the Constitution.
• Certain basic principles(eg. secularism) have had
a formative effect on Turkish law.
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CONSTITUTIONAL LAW
• This principles are either directly provided for in
the text or are implicit in the spirit of the
countrys public law.
• Some of these principles are the rule of law,
secularism, respect for human rights, democratic
state, national state, social state, judicial review.
• a)The rule of law requires that every action taken
by the Goverment must be in strict conformity
with law.
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CONSTITUTIONAL LAW
• The real implementation of the principle of
the rule of law requires the existence of a
democratic political system.
• Human rigths, equality, judicial review of
legislative and administrative acts, and the
independence of the judiciary are closely and
intimately connected with the principle of the
rule of law.
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CONSTITUTIONAL LAW
• b)Secularism; was declared to be one of the
main constitutional principles in 1937.
• In article 24 and 69 says private individuals,
societies and political parties are expilicitly
prohoited from exploiting religion and
religious feelings for political benefit.
• Art.10 requires a neutral attitude towards all
religious denominations on the part of the
administration.
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CONSTITUTIONAL LAW
• c) Respect for Human Rights, when the
UniversalDeclaration of Human Rights was
adopted by the General Assembly in 1948,
Turkey was among the original members of
the UN.
• The 1961 Constitution clearly declared that
respect for “human rights” was among thee
very basic principles on which the Constitution
was based.
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CONSTITUTIONAL LAW
• The 1982 Constitution introduced a slightly
different understanding. It provides that the
Republic is “respectful to human rights”.
d) Democratic State, is one of the Constitutional
characteristics of the Turkish Republic.
• The main elements of this provision, “free
elections”, “secret ballot” and the “free
expression of the opinion of the people” are
provided by the Turkish Constitution.
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CONSTITUTIONAL LAW
• Citiziens are free to join or withdraw from
political parties.
e) National State, Turkey is a unitary State.
Within the boundiries of the Turkish Republic
there can be no political or administrative
entitiy with “reserved powers” as with
federalism.
• In terms of organization and functions, the
Administration is a whole.
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CONSTITUTIONAL LAW
f) Social State, introduced in art. 2. ıt declares that
Turkey is a ”social state” based on the principle of
“national solidarity and justice”.
• Art.60 provides that everyone has the right to
social security. The state is required to take the
necessary measures and establish the necessary
structures to provide it.
g) Judicial Review, is a system of judicial control of
legislative acts. Under this system access to the
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CONSTITUTIONAL LAW
• Constitutional Court is available either
through the action for annulment (iptal
davası) or the constitutional objection
(anayasaya aykırılık itirazı).
• Actions for annulment must be initiated
within 60 days following the publication of the
text in question in the Official Gazette.
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ADMINISTRATIVE LAW
• Administrative law is the body of law built up
around administrative actions and decisions.
• Administrative laws deals primarily, with the
status, powers and the activities of the
administrative authorities.
• In order to carry out public service the State
needs vast cadres of personnel who are called
administrative agents(goverments officials or
civil servants).
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ADMINISTRATIVE LAW
• Civil servants have considerable discretionary
authority (takdir yetkisi), for instance, the power
to grant or refuse a licence.
• It is administrative law that governs the rights,
duties, responsibilities and procedures regulating
the appointment goverment officials.
• The State also needs the financial means
necessary to carry out its functions and secures
these through taxes and revenues.
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ADMINISTRATIVE LAW
• Administrative law, therefore also covers the
rules applicable to financial matters.
• Tax regulations are included in administrative law
in its broadest sense.
• There is no single fundamental code which
applies to the field of administrative law as a
whole.
• Almost every statute passed has some provisions
which fall within the scope of administrative law.
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ADMINISTRATIVE LAW
• As a consequence of the principle of the rule of
law, under which individuals are protected
against illegal or arbitrary state action, all modern
states have found it necessary to develop rules
which enable courts to exercise supervision over
administrative actions or decisions.
• The protection of private persons against abuses
of power by the Administration is therefore
among the main objectives of administrative law.
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CONSTITUTIONAL LAW
• Turkish administrative law rests on the
premise that the State can be sued for the
acts and actions of its agents that infringe
upon individual rights or interest.
• Turkey established an independent system of
administrative courts of which the council of
State (Danıştay) is the highest body.
• The administrative courts have jurisdiction
over disputes between the
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ADMINISTRATIVE LAW
• inividual (citizen or non-national; real or legal
person) on the one hand and the
administrative authorities on the other hand.
• Administrative Organization of Turkey
a) Central Administration,
• At the core of administrative organization in
Turkey is the Central Administration(merkezi
idare), which is also calles the General
Administration(genel idare).
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ADMINISTRATIVE LAW
• Subsidary units of administration are created in
accordance with the principle of
decentralization(yerinden yönetim).
• The central administration, has both central
departments as well as provincial and regional
branches.
• The president of the Republic performs certain
administrative functions in addition to his
political role i.e signing the decrees appointing
high ranking civil servants, and ratifying and
promulgating international treaties.
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ADMINISTRATIVE LAW
• The president of Republic is not accountable for
actions connected with his duties. Prime Minister
and the other ministers specifially concerned who
are responsible for the decrees of the president.
• As the head of the Council Ministers, the prime
ministers promotes cooperation among
ministiries which are organized on functional
basis i.e each ministry is responsible for a certain
function throughout the country.
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ADMINISTRATIVE LAW
• The ministers are public officials who supervise
and discipline the administration within their
own spheres.
• Each ministry is staffed by civil servants, with an
undersecretary (müsteşar) in each ministry
serving as the top administrative assistant to the
ministers.
• Certain consultative and auxilary organs are part
of the Central Administration, e.g. National
Security Council and Council of State.
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ADMINISTRATIVE LAW
• Certain public services like Supreme Council of
Radyo and TV, Competetion Authority are beyond
the direct control of Central Administration.
b) Provincial and Municipal Administration,
• In terms of central administrative organization,
the country is divided into provinces (iller) based
on geographical and economic factors and on the
requirements of public service.
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ADMINISTRATIVE LAW
• Provinces are divided into sub-provinces (ilçeler),
which are further divided into districts (bucaklar).
• Municipalities (belediyeler) are legal entities
responsible for organizing and providing services
to meet local needs within their areas.
• the organs of the municipal administration are
the Municipal Council (Belediye Meclisi), the
Municipal Standing Committee (Belediye
Encümeni) and the Mayor (Belediye Başkanı).
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ADMINISTRATIVE LAW
• The lowest level of local administration is the
village(köy) which is established in places with
a population of less than 2.000.
Control of Public Administration
• The Administration is under the control of
Parliement, which is in a position to supervise
it from the point of view of expediency
(yerindelik) as well as legality (hukuka
uygunluk).
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ADMINISTRATIVE LAW
• This political control is based on the principle
of ministerial responsibility and operates
through such means as questions (soru),
interpellation (gensoru), parliamentary
inquiries (meclis soruşturması).
• Every organization has a mechanism through
which it is controlled internally.
• It follows from the hierarchical nature of
administrative organization
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ADMINISTRATIVE LAW
• that every subordinate is under the
supervision of his/her superior, (hiyerarşi
denetimi).
• Another type of control is external control (dış
denetim), which is exercised by one public
organization over another, eg. Tutelage (idari
vesayet), under which certain decisions and
actions of local administration have to be
approved by the Central Administration.
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ADMINISTRATIVE LAW
• The Court of Accounts (Sayıştay) is in charge of
examing and auditing, on Parliement’s behalf
all accounts of the revenues and expenditures
of Goverment departments.
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CRIMINAL LAW
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CRIMINAL LAW
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