Idare Hukukunun Işlevine Yönelik Bir Yaklaşım: “Trafik Işığı Metaforu”

Abstract

Administrative law typically deals with the rules governing the duties, powers and organizational structure of the administration and the control mechanisms prescribed against illegalities. In the doctrine, there are two basic approaches related to the function of administrative law: keeping the administration under supervision and contributing to the effective provision of public services. These approaches constitute the basis of the red light and green light theories as two important theories that form the traffic-light metaphor developed for the function of administrative law. While the red light theory puts the judicial control of the administration at the center, the green light theory draws attention to the role of administrative law in facilitating activities by emphasizing the forms of democratic or political accountability. In addition to these two theories, while the accepted amber light theory does not ignore the importance of judicial supervision, it emphasizes the need to establish a balance between supervision to be conducted and the purpose of meeting the needs of individuals. In this study, the red light, green light and amber light theories, which constitute the traffic-light metaphor, will be examined as an approach to the function of administrative law.