Good Governance, Rights and State: Quo Vadis Administrative Law?

Abstract

With the increasing globalization phenomenon and industrialization, many changes in economic and social aspects have brought the idea that the state should act in accordance with the principles such as openness, transparency and accountability in its activities. In this context, the concept of governance has gained importance in recent years as a concept that considers the inclusion of individuals in the decision-making processes of the state and ensures transparency in its operations and actions. In particular, due to the expansion in the activities of the state, the concept of governance has been accepted in positive legal texts to prevent arbitrariness and to respect the area of protection of fundamental rights and freedoms. In this context, the fact that the state acts in accordance with the concept of good governance while carrying out the duties given by the constitution and laws plays an important role in the realization of the principle of the rule of law. In this context, the state of good governance is dealt with in the decisions of the European Court of Human Rights in terms of the activities to be carried out by the state and determining the quality is essential for the rule of law.