The Principle of Deconcentration in Turkish Legal Order

Central state government took place at the end of a long historical process. With the establishment of central administrations, state structuring has become stronger. However, central administration that relies on the administration of state from a single center encounters with the problems of the emergence of some local needs and application of central authority in rural. At the beginning of the problems which is encountered because of the nature of central administration is problem of being able to present of public services in the country within the public service integrity. To be able to solve this problem, the central authority takes advantages of three basic forms of organization. They are “centralization”, “deconcentration” and “decentralization” forms. In the Turkish legal order, the understanding of centralization is prevailing. However, the understanding of administrative centralization has been softened from two aspects. In terms of the establishment of the central government, the centralization has been firstly softened by the principle “the foundation of provincial basic organizations and with cities of management with authority - wide principle” and has been secondly softened by the principle of local administration. The subject of our study is to create the principle of deconcentration. Deconcentration is a constitutional concept that is seen in our constitutions and that was regulated in the 126th article of our 1982 Constitution. First of all, the deconcentration is explained and compared to other similar concepts in our study. Then, deconcentration in Turkish legal order is examined and the aspect of deconcentration in the practice of Turkish law is assessed