International Journal of Current Social Science

Abstract

The early traces of the rule of law in our history date back to the period of the Ottoman Empire. Although its origin dates back to before the republic, this concept has not fully developed in Turkey. Through the whole historical development process significant developments have taken place in favor of the rule of law. However, there are still several regulations that are inconsistent with the principle of the rule of law on the judicial review of administrative proceedings, which is an important pillar of the rule of law. Judicial review of administrative acts is the most important inspection mechanism protecting individuals against the administration using public power. Therefore, without any exception, all administrative acts should be open to judicial review in a rule of law. Administrative acts that are immune from judicial review in Turkey are presidential decrees of a rule of emergency, decisions of the Council of Judges and Prosecutors, except for decisions on dismissal, and decisions taken by the Supreme Military Council regarding promotion and retirement due to lack of staff. Especially since the presidential decrees issued during the state of emergency can make some regulations on fundamental rights and freedoms, these pose a major threat to the rule of law in our legal system. The removal of these contradictions in the process of building a new constitution will create a more secure Turkey in terms of fundamental rights and freedoms.