SUBSTITUTION OF MOTIVES IN ADMINISTRATIVE JURISDICTION WITHIN THE CONTEXT OF EQUALITY OF ARMS AND ADVERSARIAL TRIAL PRINCIPLES

Substitution of motives improved by judicial case laws, can be explained as the administrative bodies examining annulment actions, not rescinding action according to another motive they have determined during trial, although that on which administration bases its action, is unlawful. The substitution discussed in both practice and doctrine from various aspects, will studied terms equality arms adversarial trial principles. Equality are two sub-principles right a fair provide significant guarantees for procedures. While principle aims establish balance between parties avoid substantial disadvantage party vis-à-vis other party, ensure know discuss any evidence, claim or explanation included file. Remarkable results obtained studying abovementioned principles motives. motives, has been dealt with especially Constitutional Court addition this principle, it tried determine disadvantages may cause principle.