The Necessity of Determining Constitutional Status of the Independent Administrative Authorities: Theoretical and Practical Reasons Bağımsız İdari Otoritelerin Anayasal Statüsünün Belirlenmesi İhtiyacı: Teorik ve Pratik Gerekçeler


AKGÜN M.

Amme Idaresi Dergisi, cilt.57, sa.2, ss.29-60, 2024 (SSCI, Scopus) identifier

  • Yayın Türü: Makale / Tam Makale
  • Cilt numarası: 57 Sayı: 2
  • Basım Tarihi: 2024
  • Dergi Adı: Amme Idaresi Dergisi
  • Derginin Tarandığı İndeksler: Social Sciences Citation Index (SSCI), Scopus
  • Sayfa Sayıları: ss.29-60
  • Anahtar Kelimeler: constitution, democracy, Independent administrative authorities, legitimacy
  • Boğaziçi Üniversitesi Adresli: Evet

Özet

Independent administrative authorities, which were described until the 1990s as a subject that attracted the attention of university professors and naïfs only, have now become one of the leading institutions of a great change in the understanding of constitutional democratic legitimacy. In this article, the need for clear recognition of the constitutional status of independent administrative authorities has been defended with two arguments from the perspective of the constitutional democratic legitimacy of these authorities and their independent working capacity. First of all, it has been shown, from the perspective of constitutional democratic legitimacy, that the scope and limits of the independence and competence of the independent administrative authorities should be clearly determined in the constitution, which is the basic norm that rules how and by which forces national sovereignty is to be used. Subsequently, it has been revealed that independent administrative authorities can only work independently if they have constitutional backing.