Suchergebnisse

Present admin'ive law & institutions in Turkey are due to the reform movement, & it in turn is due to conviction of the reformers of the superiority of Western institutions. The admin'ive law & institutions in adopting to Turkish needs & ideals have acquired distinctive characteristics. Admin'ive machinery is composed of a general org & of subordinate local & autonomous units. The President of the Republic appoints with the approval of Parliament the Gov which is the head of the admin'ive org. Though legislative authority rests with Parliament & can not be delegated to the Gov, the Gov does have the power to make reglements (detailed rules on a subject prescribed by a statute) & to issue a few emergency decrees. The rights & liberties of the individual are protected by Parliament, whereas public interests are protected by the Court of Accounts & the Finance Ministry. The State Council is the highest admin'ive court. Its members are elected by Parliament. Its procedures are largely written, occasionally oral. Every admin'ive act which violates the rights of an individual is subject to judicial review. The Turkish approach to admin'ive measure which bestows public benefits is considered a unilateral admin'ive act. If the service is governed by private law, the act is considered to be a contract. The legal' position of public property is unclarified. The development of Turkish admin'ive law & institutions may serve as a model for underdeveloped countries. B. J. Keeley.