Proceedings of the 10th International Academic Conference, Vienna

THE REGULATORY TRANSACTIONS OF THE ADMINISTRATION UNDER THE HIERARCHY OF TURKISH LAW

SELMAN SACİT BOZ, SEZİN ÖZTOPRAK

Abstract:

The regulatory transactions performed by the Executive Power in Turkish laws are statutory decrees, decrees, regulations and other unnamed regulatory transactions. The unnamed regulatory transactions are the title to a set of general regulatory transactions. In other words, it is a general concept to express many transactions with unlimited numbers. The reason to selection of this concept is that such transactions cannot be mentioned by the constitution which is the highest norm. The hierarchy of norms which were introduced to the legal World by Hans Kelsen are also applicable in the operation of the regulatory transactions of the administration. However since the general regulatory transactions enacted by the administration increase rapidly day by day cause different arrangements to be brought forward in the same matters. The solution to some problems incurred by during the implementation stages cannot be achieved by Kelsen pyramid only. The administrative units at the same hierarchy stages may include contradictory provisions, then it is also possible that they may contradict with some regulatory transactions emanated under public administration. This paper studies what kind of a hierarchy is present between the general regulatory transactions of the administration, the solution to the legal issues between the general regulatory transactions encompassing contradicting norms, how the general regulatory transactions breaching the superior norms can be abolished and how the senior management will act in case when the people of execution.

Keywords: General Regulatory Transactions, Hierarchy of Norms, General Regulatory transactions of the Administration in Turkish Law, Abstract Transactions of Executive Power, Statutory Decrees, Decrees, Regulations, Unnamed Regulatory Transactions.

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