Conflict of constitutional rights

This study, the subject of which is the "conflict of constitutional rights", consists of three chapters. The theory of conflict of constitutional rights is discussed in the first chapter and the theory of resolution of conflicts of constitutional rights in the second chapter. In the last chapter, balancing as a conflict resolution method and the attitude of the Turkish Constitutional Court towards conflict are discussed. In the first chapter, the conceptual framework of the conflict of constitutional rights is drawn. Its differences from other constitutional law problems and relation to these problems are revealed to demonstrate the importance of the subject. The structure of conflict of constitutional rights is questioned in the study, especially in terms of deontic logic. Then, the relationship between conflicts of rights and conflicts of norms is analyzed, and constitutional rights conflicts are categorized. In connection with this, general conclusions for the solution are made, and the chapter is concluded by drawing the conflict typology. Since the resolution of the conflict means to show the existing limits between the two conflicting rights or to draw a new limit, the limitation of constitutional rights and the immanent theories of rights are given wide coverage in the second chapter. In this section, rights-scope theories are examined, and the limitation thesis arising from the conflict of constitutional rights is put forward. The problems related to this thesis are handled in every aspect, and the specific situations that are excluded from the right as it creates an inherent limit to the right are also mentioned. In this study, which is carried out, especially on the basis of the German constitutional law literature, Praktische Konkordanz, the ideal solution method, is discussed in the context of the limitation arising from the conflict. In the last chapter of the study, the balancing method, which is a conflict resolution method, is analyzed with its positive and negative aspects. In the last main heading of the section, the limitation of rights in Turkish Constitutional law and the limitation caused by conflict is evaluated by considering the attitude of the Constitutional Court, especially in individual application decisions. Our study ends with the conclusion chapter, where the results are explained.