HUKUKA GİRİŞ - Deneme Sınavı - 1

As Administrative Law governs composition of the government and agencies, legal status of public personnel and public domain, acts, actions and activities of administration and liability of administration, law governing relations between public authority and individuals and judicial review of administration. 

Conducts that are threatening to property, health, safety and welfare of people are governed by the criminal law.

The correct answer is C.

The Constitution of 1982 is the current constitution of the State of Turkish Republic.

The correct answer is D.

Rule of law, one of the fundamental principles of the administrative law, refers to "the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power, and excludes the existence of arbitrariness, of prerogative, or even of wide discretionary authority on the part of the government".

The correct answer is A.

The information in statement I and statement IV is not correct. 

The Council of State, together with administrative courts, is responsible for the judicial review of the execution. The judicial review of the legislative power is performed by the Constitutional Court.

Judges' decisions are binding upon legislative and executive organs and administration. Thus, executive decisions cannot be superior to judges' decisions. 

The correct answer is B.

As “law” is considered as a tool to protect individuals’ fundamental rights and freedoms, legality works as the basis of both framework and functioning of an administration. The principle of legality covers establishment and functioning of administration.

As acting under the law, the administration shall use powers conferred upon it and shall have competence to act, shall have legal reason to act, shall be hold responsible and accountable and shall be transparent. All of these components would amount to the principle of legality of administration.

The correct answer is E.

The central administration and the decentralized administration are the main components of the Turkish Administration. Central administration consists of central departments and provincial departments, whereas decentralized administration consists of local administrations and functionally decentralized administrations. Thus, municipalities falling under local administrations do not constitute a part of the central administration.

The correct answer is E.

Ministries are the main body of Central Departments. Besides, there are some other components in the central departments as advisory bodies. One of these is the Court of Accounts, which audits on behalf of the Grand National Assembly of Turkey, revenues, expenditures, and assets of the public administrations financed by central government budget and social security institutions, with taking final decisions on the accounts and acts of the responsible officials, and with exercising the functions prescribed in laws in matters of inquiry, auditing and judgment.

The correct answer is B.

Functionally decentralized administrations consist of various public legal persons having administrative and financial autonomy that serve specific public services nationwide. Among examples of functionally decentralized administrations are universities, Council of Higher Education, Turkish Radio and Television Corporation, High Institution of Atatürk, Culture,Language and History, and independent regulatory agencies including Radio and Television Supreme Council, Competition Authority, Banking Regulation and Supervision Authority, Telecommunications Authority and Energy Markets Regulatory Authority.

Thus, the correct answer is A.

In the Turkish legal system, the procedure for judicial review of administration and organization of the administrative courts are laid down in three different pieces of legislation namely Law on Council of State (Law No 2575), Law on the Organization and Duties of the Regional Administrative Courts, Administrative and Tax Courts (Law No 2576), and Law on the Procedure of Administrative Justice (Law No 2577). The Council of State is the highest administrative court in the organization of administrative courts according to the article 155 of the Constitution, and also the last instance court for judgments rendered by administrative courts and district administrative courts in the Turkish legal system.

The correct answer is D.

Law on the Procedure of Administrative Justice introduces two types of remedies for disputes arising under the Administrative Law, one being “action for annulment” and the other being “full remedy action”. Full remedy action is concerned with administrative acts and actions brought by persons whose personal rights have been directly affected.

The correct answer is C.

The main subject of constitutional law is the form and main organs of the State, structure and
functions of State organs and fundamental rights and freedoms.

Kanuni Esasi (1876) was the first constitutionlike document in order to limit powers of rulers.

Responsibility of the Sultan was not articulated in the Kanuni Esasi, accordingly, Sultan was predominant as regards to powers.

The Constitution of 1924 was the first constitution of the Turkish Republic

Province, Municipality and  Village are Local Administrations in the Turkish Administrative Law.

Action for annulment concerning administrative acts brought by persons whose interests is adversely effected by an administrative act alleged to be unlawful as regards to its components of competence, form, reason, subject and intention.

Law on the Procedure of Administrative Justice introduces two types of remedies for disputes arising under Administrative Law; one being “action for annulment” and other being “full remedy action”.

Under the ruling of the Constitution of 1921 the proclamation of the Turkish Republic took place on October 29, 1923.

The Constitution of 1982 is the current constitution of the State of Turkish Republic.

Senedi İttifak (1808) was a kind of documentnin order to set balance and maintain relationshipsnbetween the Sultan and nobles.