Abstract :
In this study, it’s analyzed the attachment of Maslak, Ayazağa and Huzur towns to the municipality of Şişli in terms of seperation of powers and constitutional state. There is not a constitutional necessity for laws to establish a rule. However legal practitioners who defend as such formal law also accept that it’s impossible to make all sort of procedures by legislative committee. Existing Provincial Administration Law and Municipal Law by legislature to establish a process left to the administration, to be unconstitutional usurpation of administrative functions. In this article, the analysis made in terms of the principle of constitutional state, some problems have been identified. First of all, making procedures without considering itself bound by law is contradictory to the Constitution Article 2. In addition, the law debated a motion limit of district, the town’s commitment to change, the possible respondents of this process under the current circumstances make it possible to anticipate in advance what kind of implications does not constitute a norm. The regulatory is contradictory for constitutional state; by reason of the absence of the certainty, predictability and also the preventive measures against public authorities. An issue that should be taken into consideration in terms of public interest, despite the prepared law is about establishment and administration of metropolitan municipalities, promulgation of this regulation with a given proposal during the commission negotiations. Another aspect of provision under examination in contradiction the rule of law is made in form of a transaction subject to administrative judicial review and kept outside the control of the judiciary.
NaturalLanguageKeyword :
The municipality of Şişli , Change of limits , Executive function , Constitutional state , Public interest
