İdarenin Yargı Dışı Denetim Yollarının Etkinliği
Özet
The principle of the rule of law considers the existence of audit activity necessary in order
to prevent the administration from acting against the law. Obligation to audit the
administration does not prevent administrative acts from benefiting from the presumption
of legality. For this reason, it is legally possible and obligatory to audit the actions and
transactions to be carried out by the administration, which benefits from the presumption
of compliance with the law and has the authority to take enforcement action. Although
the basis of the said control is based on the judiciary, today, non-judicial control methods
show their own existence and increase their importance. However, although non-judicial
review methods are not binding in their decisions as a rule, they offer attractive
opportunities compared to judicial review. For this reason, the ombudsman institution and
similar human rights institutions reinforce their activities in Western legal systems. In the
face of these developments, while Turkey has functionally contributed to administrative
and political audits, which are among the means of extrajudicial control, it has been late
in establishing human rights institutions at the national level. Although new human rights
institutions have been established in our country, especially in the last ten years, these
institutions have some institutional and functional deficiencies. This study focuses on the
structural and functional effectiveness of the new human rights institutions, which were
established within the scope of the differences in supervision of the administration
through judicial and non-judicial means.
