THE EMERGENCE AND DEVELOPMENT OF JUDICIAL REVIEW OF THE ADMINISTRATION IN ANGLO-SAXON AND CONTINENTAL SYSTEMS

While the judicial review of the administration is generally accepted, there are different systems in terms of the courts that will perform this review. Different political, economic and social conditions of countries have led to the emergence of different systems in terms of this review. In France, it was possible to establish administrative courts by prohibiting the ordinary courts to review administrative actions and activities. In the United Kingdom, when the review by the ordinary courts became insufficient, semi-judicial institutions and recently Administrative Court were established. In our country, in the Ottoman Era, the Council of State (？？ra-y？ Devlet) was established by taking the example of Conseil d’Etat in France but an administrative judicial system in the present sense could not be created. These differences in the emergence of judicial review of administration between legal systems have caused notable differences not only regarding the reviewing authorities but also the scope and limits of this review