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OBLIGATION TO GIVE REASONS

Gonca Kozano?lu ()
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Gonca Kozano?lu: SELÇUK UNIVERSITY LAW FACULTY

No 1003100, Proceedings of International Academic Conferences from International Institute of Social and Economic Sciences

Abstract: Administration is obliged to notify the reasons of administrative act if the obligation to give reasons is explicitly regulated in the law. However, even if there is no explicit obligation to give reasons in positive regulations, in the rule of law, it is essential for the administration to notify the reasons of any administrative act on the basis of the justification principle In other words, even though there is no explicit regulation regarding obligation to give reasons, it is accepted that administrative acts are required to be justified because of the principle of the rule of law. In the light of these explanations, the obligation to give reasons, which does not fall within the implementation of Turkish Law very often while become an indispensable part of a modern administrative procedure, is tried to be examined in this study. Primarily, the definition of the obligation to give reasons, the relation between the reason and grounds for administrative act, and the basis of the obligation to give reasons are indicated. Following this, the functions of the obligation to give reasons, respectively, in terms of administrative, people who are subject to the administrative act and the judicial review, are addressed. Afterwards, the wording of the reasoning is touched upon. Under this title, after stated the requirement for reasoning to be explicit and clear, material and legal reasons and reasoning of administrative act based on discretion are mentioned. Finally, the obligation to give reasons and its breach in Turkish Law are evaluated.

Keywords: Justification; Obligation to give reasons; Material and Legal Reasons; Separation of Justification and Reason in an Administrative Act; Breach of Obligation to give reasons. (search for similar items in EconPapers)
JEL-codes: K30 (search for similar items in EconPapers)
Pages: 11 pages
Date: 2015-05
New Economics Papers: this item is included in nep-cwa and nep-law
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Published in Proceedings of the Proceedings of the 15th International Academic Conference, Rome, May 2015, pages 629-639

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