Page 36 - iyi-yonetim-ilkleri

İyi Yönetim İlkeleri Rehberi

Principalities are good, but law is even better;/
And it must be applied properly...
One who thrives and prospers in a society, /
Should always make good laws for the people...
Whenever a governor made a fair law for his people, /
He saved his people and shed light on their life...

Kutadgu Bilig
Yusuf Has Hacip
(1017-1085, Turkish philosopher)

I n the broadest sense, the administration›s compliance with the laws means

that the administration shall establish procedures that are in compliance with
the generally recognised principles of universal law, the rules of Constitution,
international law, Presidential decrees, regulatory procedures and fairness.

This principle requires the establishment, functioning, duties and powers of the
administration and the use of these duties and powers to be in compliance with
the law.
The principle of lawfulness involves requirements such as the following:

All aspects of the administration shall be based on the relevant laws,
particiularly the Constitution, and Presidential decrees and other
regulatory procedures;

The administration shall ensure fairness while enforcing a law and using
discretionary power;

The administration is obliged to perform the tasks that are assigned to it
and enforce laws;
Public officials are obliged not to follow unlawful orders;

The regulatory procedures of the administration shall be in compliance
with higher legal norms;
Fundamental rights and freedoms shall only be limited within the scope
of the law and Constitutional framework without prejudice to essence of
rights;

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