Evaluation of the limits of the economic and social duties of the state in the context of the sufficiency of its financial resources

The concept of state, which reveals different practices that humanity has discussed throughout the ages, expresses with different etymological roots in different languages, and gives different meanings, today generally appears as an organization with a legal personality. The state organization, in which we are involved in many of our affairs and transactions that encompass every aspect of our lives, from birth to death, from marriage to property ownership, is also among the areas of study of the science of law. The concept of state is the subject of further examination in the fields of international law, administrative law and constitutional law. Especially in the field of constitutional law, the concept of state is discussed and each state defines itself, its structure, organization, relationship between forces, and the fundamental rights and freedoms granted to individuals in its constitution. Along with the fundamental rights and freedoms that states grant to individuals through the constitution, the limits of these fundamental rights and freedoms are also determined through constitutions. In general, fundamental rights and freedoms in the doctrine are categorized as negative status rights, positive status rights and finally participation rights. This classification is made based on the actions of states towards individuals. Indeed, in the rights expressed by the negative status right, the state is obliged to act not to act and to remain inactive, and individuals can request the state not to touch. In positive status rights, action on states is defined as taking action. The state's ability to fulfill its obligations in this category of rights largely depends on its financial power. Participation rights are expressed as the rights that require individuals to participate in state administration. When we look at the constitutions of the Republic of Türkiye, we see that rights are categorized in accordance with this triple classification. It can be seen that in the 1982 constitution in force, personal rights and duties and negative status rights, positive status rights under the title of economic and social rights, and finally participation rights under the title of political rights and duties are regulated. Positive status rights are fundamental rights that impose an action on the state and give individuals the right to ask the state to do something. In determining the limits of this act, the criterion of the adequacy of the state's financial resources is included in all our constitutions that recognize these rights. Article 65 of the 1982 Constitution stipulates that the limit of the state's economic and social duties is the criterion of the adequacy of its financial resources. There are two issues when concretizing this criterion. The first of these; It arises from the structure of social and economic rights. In these rights, which are in the form of positive status rights, the state is under the burden of positive action. This positive action can only be achieved by using resources. In the face of scarcity of resources and infinity of needs, the "measure of adequacy of financial resources" already constitutes a natural limit of these rights. In other words, even if it is not written in the constitutional text in terms of codification, the limit of these rights will be the resources of the state. Secondly, in our country, social transfers are seen as an important choice for governments in terms of being re-elected, and due to the inequality in income distribution in our country, a significant percentage of budget expenditure goes to household transfers. When we look at these issues in the light of the Constitutional Court decisions and the country's practices, combined with the desire of the judicial bodies not to control propriety and their practice of not monitoring public preferences, whether the "adequacy measure of financial resources" is a part of positive law or not is a matter of great importance for the judicial decisions and public preferences to be given based on this criterion. It can be said that it does not affect.