THE RELATIONSHIP BETWEEN DISCRETIONARY AND EXPEDIENCY IN THE CONTEXT OF PRINCIPLE OF THE STATE OF LAW

One of the fundamental requirements of the rule of law principle is that administrative action is subject to judicial review. However, judicial authorities are subject to supervision of the legality of the proceedings, and it is not possible to conduct the appraisal. This is a requirement of the principle of separation of forces. One of the important aspects of the presence audit is the discretionary authority and connected authority concepts. The distinction between appreciation authority and connected authority concepts is important during judicial review. This is because the rules of the law determine the place of the transaction in cases where there is a jurisdiction, and in these cases, it is always possible to check whether the act is in compliance with the rules. Where there is a discretionary authority, there is a question of appropriateness. At this point, it is necessary to draw the boundaries of the appropriateness and appropriateness control of the discretionary authority. Our work will be tried to be examined together with judicial decisions that are not in the framework of the rule of law.