Principle of legality in misdemeanor law

Thesis Type: Postgraduate

Institution Of The Thesis: Ankara University, Sosyal Bilimler Enstitüsü, Turkey

Approval Date: 2023

Thesis Language: Turkish


Supervisor: Fahri Gökçen Taner


The field of administrative offenses, which has regained prominence due to the administrative sanctions imposed as a result of Covid-19 measures, remains in the shadow of criminal law and administrative law in Turkey. Offense law, which examines administrative sanctions that interfere with fundamental rights and freedoms such as property rights and freedom of work, is addressed in this study in terms of the principle of legality. It is evident that the principle of legality plays a vital role in the field of administrative sanctions, where the administration has a broad scope of authority. Preventing arbitrary actions of the administration, which is one of the most important manifestations of the principle of the rule of law, is one of the significant aims pursued by offense law through the principle of legality. The study consists of three sections. In the first section, detailed explanations are provided to understand the concept of offense. In the second section, the principle of legality is addressed in general terms. In the third section, taking into account the jurisprudence of the European Court of Human Rights and the Constitutional Court, the manifestation of the principle of legality in offense law is described.