THE ACQUIRED RIGHTS IN TURKISH ADMINISTRATIVE LAW
İDARE HUKUKUNDA KAZANILMIŞ HAK

Author : Ayşe Merve AKÇA
Number of pages : 577-596

Abstract

Acquired right, one of the general principle of law, is a term originated from the principles of constitutional state and administrative stability, and enabling a balance between those governing and governed. However, the scope, content and boundaries of “acquired right” term cannot be designated clearly in administrative law as in private law. And its frame is drawn to a great extent with judicial decisions according to the concrete case’s features. Due to this structure, that the expression of “established situation” is preferred instead of “acquired right” in public law is seen. In this study, the content, boundaries and factors of acquired right in administrative law have been analyzed, the term’s legal bases are emphasized and judicial decisions’ samples on scope of application are given.

Keywords

Acquired right, Legitimate Expectation, State of Law, Legal Security, Administrative Stability.

Read: 674

Download: 204