İdare Hukukunda eksik kapsamlı düzenlemelerin yargısal denetimi
In our administrative law, the concept of uncer-inclusive regulation corresponds to a question which includes pretty wide and deep technical discussions. The factor making the question problematic, is the acceptance of theory of administrative act, which is impossible to be dully reflected to the practice, as the flawless assumption providing judicial review of administration. In case the omission of administration emerged in the level of regulation, when the fact that regulatory acts are issued in order to implement laws, many rights granted and acknowledged by constitution and laws would not be dully exercised. In this context, under-inclusive regulations cannot be evaluated as a simple administrative silence and as a question of implicit rejection. In the scope of this etude, the legal basis of duty of regulation of administration and in this context deficiencies emerged when such duty is not dully performed by administration are analyzed firstly. In the second and third chapter, the discussions on how the allegations of omission are brought before courts are evaluated. In this context, independently of determination of illegality of a deficiency of inclusion of a regulation, various formulation related to how and to what extend the allegation of deficiency is brought before court and in case of determination of illegality how it is cancelled are analyzed. In the last chapter, the discussion related to stay of execution of under inclusive regulations are examined.