Investigation of criteria of restriction and cessation of fundamental rights and freedoms in the 1982 Constitution within the scope of rule of law

During the history, by understanding the importance & value of human rights, the power of political authorities are limited for the personal benefit and freedom of the individuum. The idea of protecting fundamental rights and freedoms has also brought constitutionalism activities to the agenda and developed the rule of law in parallel with this process. In order to protect rights and freedoms, in line with the statements that shook the world, the principle of human rights and the rule of law in the Ottoman State was developed by gaining importance. In the first quarter of the twentieth century, the world witnessed some crises and the importance and value of human rights have been understood once again with these crises. Constitutionalism activities, has been continued in the newly founded Republic of Turkey. The protection of human rights and the full implementation of the rule of law are guaranteed in the 1961 Constitution. The 1982 Constitution, like the 1961 Constitution, increased the authority of the executive body by turning its face in favour of political power, not in favour of free individuals. Accordingly, the 1982 Constitution, which has been preserved with many constitutional amendments until today, has been tried to be liberalized. In order to protect fundamental rights and liberties, our Constitution has set restriction and cessation criteria within the ordinary and extraordinary periods, thereby limiting the broad powers of the legislative and executive body. Whether or not the requirements of the state of law are fully fulfilled along with judicial control still continues to raise doubts.