Hikmet-i Hükümetten Tekno İdareye: Dijital Kamuda Dönüşen Nedir?

The state based on raison d’état is rapidly moving towards techno-administration. This move runs parallel to the transformation of public law. The doctrine of raison d’état left behind with the rule of law favouring fundamental rights and freedom. However, digital transformation steers the state toward raison d’état. Techno-administration is presented as an organization totally for the public interest although it brings techno-authoritarianism, digital divide, and inequal big data. In other words, there is a danger of ignoring the rule of law in the journey from raison d’état to techno-administration. Techno-administration is based on the efficiency of public service. For this efficiency, private persons control data by using public power, the state can conduct administrative acts based on biased algorithms, and these acts can be excluded from judicial review due to know-how and black box. This means the end of judicial review of administrative acts and therefore the rule of law. The measure that can be taken to …

The transformation of public law in parallel with techno-administration takes place on two grounds. The first is the empowerment of the executive. The second is the differentiation of the distinctions underlying public law. The empowerment of the executive leads the techno-administration to create its own rules. In particular, soft law and techno-administration have been identified with each other. However, the judicial review of administrative acts based on soft law is unclear. At this point, it is necessary to realize that moving away from the hierarchy of norms, which is one of the elements of the rule of law, is not as attractive as it is portrayed. In the differentiation of the distinctions underlying public law, the blurring of the public-private distinction stands out first. In recent years most public services are fulfilled by private entities due to neo-liberal policies and accordingly the public-private distinction has blurred. This distinction has become even more blurred with public services provided through information technologies. This blurring also makes administrative judicial review of public power. Secondly, the distinction between the concepts of “national” and “international” is differentiated. On the one hand, digital sovereignty is conceptualized similarly to the sovereignty theory of raison d’état, on the other hand, the legislation to be followed in the international arena is expanded according to lex digitalis. The applicability of digital law becomes controversial.…

As a result of this transformation, the concept of postmodern administrative law has emerged. Currently, postmodern administrative law appears in favour of soft law. Nevertheless, it is still not too late to design it. It is necessary to design postmodern administrative law by preserving the elements of the rule of law in order not to return to the precariousness of raison d’état. Postmodern administrative law should be designed on interdisciplinary studies with the positive sciences based on empirical studies.…