EXECUTION OF AN UNLAWFUL BINDING ORDER

Abstract

The hierarchy, which is a necessary tool for state affairs to conduct a productive and effective way,
causes the birth of subordinate-superior relationship between public officials and obliges
subordinate to execute superiors’ orders. The order, which is obliged to be fulfilled without delay
and without change, spreads to many areas of the legal order, so regulations are made on the subject
with various laws and the legitimacy of the order is discussed. Liability provisions differ in terms of
who gave the order and executed the order on the basis of the possibility that the order is lawful,
unlawful and its subject constitutes a crime, and causes controversy. In terms of its content, an order
that complies with the law is called the performance of the duty. However, the fulfillment of an
unlawful but binding order that arises in some cases causes debates about responsibility. In this
study, the legal nature of the illegal but binding order will be examined in detail.