Şûrâ-yı Devletten Danıştaya: Yapısal ve Fonksiyonel Dönüşüm

Abstract

The change and transformation experienced in the Ottoman State and society in the 19th century took place not arithmetically but geometrically,contrary to previous centuries. Industrialization and technology have also imposed changes on the state and society. During the Tanzimat period can be said that the starting point of the legal and constitutional reforms in Turkey. In the legal structure, the reception from the Westerner is inspired started at this period. As the legislative acts became more intense, the first steps of the process leading to the constitutional state started to be taken from one side and the transition from the other side to the type of legal and rational authority which is similar to Weberian model the bureaucracy technical expert device. But the simultaneous execution of reforms in a cosmopolitan empire spread over a vast geographical area could only be possible with a competent bureaucracy and a strong economy. It is hard to say that both of these were at a sufficient level in the 19th century Ottoman Empire. As part of the change and transformationof the central organization of Ottoman modernization, it is clear that the Council of State, was created on 1 April 1868 in particular, for the purpose a competent bureaucracy.The duties, powers and responsibilities given to the Council State itself can be basically addressed under three headings: preparation of the law (design), administrative supervision and judicial authorities. For the present day, perhaps the most controversial authority of the Council of State, is related to the legislative process and the judicial field. The Council of State, which is obviously not a legislative body, was also not established as a separate judicial body. However, there were significant judicial powers given to this institution both in the establishment law and in its regulation. Likewise, Council of State had played a very active role in the legislative process.