LEGALISM-MANAGERIALISM AND LEGALITY-EXPEDIENCY DEBATE WITHIN THE CONTEXT OF PUBLIC ADMINISTRATION/LAW DICHOTOMY

Date

2024-8-21

Author

Karabulut Uçar, Emel

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The thesis aims to analyze the legalism-managerialism tension in American public administration and the legality-expediency controversy in Turkish administrative law within the context of the overarching theme of the public administration/law dichotomy. The study, from the perspective of political science and public administration, explores the historical and intellectual foundations of these two discussions. It starts with scrutinizing the evolving manifestations of the tension between legalism and managerialism in American public administration within the context of the political processes of the United States. It then examines the historical tension between the Turkish Council of State and the executive, which forms the basis of the legality-expediency controversy and is often reflected in constitutional amendments. This examination is conducted by analysis of Turkish Constitutional Amendments, relevant legislation and their reasoning, parliamentary minutes, seminars on administrative and constitutional law, and precedents of the Council of State, illustrating historical friction between the Council of State and the executive. These two discussions exemplify the dichotomous relationship between public administration and law. Despite originating from different disciplines and countries, v they share remarkable similarities, particularly in relation to separation of powers, legal limits of administrative discretion, and legitimacy of administrative power/administrative courts. However, they also exhibit differences shaped by their unique historical/political contexts. The primary divergence lies in their focal points: the American legalism-managerialism debate primarily questions the legitimacy of administrative agencies within the constitutional framework, whereas the Turkish discussion on legality-expediency questions the scope of the judicial review of executive and administration by the Council of State.

Subject Keywords

Public Administration/Law Dichotomy, American Public Administration, Turkish Council of State, Administrative Discretion, Judicial Review of Public Administration, Turkish Administrative Law

URI

https://hdl.handle.net/11511/110585

Collections

Graduate School of Social Sciences, Thesis