İdari Yargıda Hakkaniyete Uygun Yargılanma İlkesi

Abstract

After the gross human rights violation during World War II, the whole world has comprehended the importance of human rights and the value given to it has also appreciated each passing day. Especially, the right to a fair trial among these rights has a particular significance to be emphasized since the applications for violation allegetions of the right to a fair trial constitute the greatest amount of the applications to the European Court Of Human Rights proportionally. Besides, rulings with regard to violations of above-mentioned right generate the majority of breach decisions made about our country by European Court Of Human Rights. In the light of this information, it is understood that focusing on right to a fair trail is a necessity. Since dealing with the all its parts of the right to a fair trail properly will exceed the lenght of a master’s thesis, in the present study, the principle of fair hearing which is a fundemental sub-principle of this right will be discussed. Yet, not ceasing there, by specifying more, this principle will be handled in point of Administrative Proceeding, jurisprudences of Counsil of State and European Court of Human Rights and decision made by Constitutional Court on individual applications. Thus, it is aimed to provide concerted information related to the principle of fair hearing in the Administrative Proceeding. While doing so, combining information in the doctrine concerning to the subject and point of view of above-mentioned courts the subject on the basis of jurisprudences and aforesaid courts are tried to set forth. Furthermore, problematical areas in respect to principle of fair hearing in the practice and legistlation of Administrative Proceeding are established.