The Right to resistance in the view of public law

Right to resistance is the oldest problem of politics and law and the most important turning point of the humanity. This is a fact that no law and political thouht pretent not to see. Right to resistance has a definition problem as a fact in the doctrine. To make a normative definition will bring some other problems about determining the scope and limits of this right. In general, right to resistance, as a limiting and controling tool for state power, has to be taken up as an action against the state power. This action includes all the actions, that is against the.operations and actions of the state which are out of law. And as an addition to this, right to resistance also includes the actions those aren't hold by law. Revolution and right to resistance, is used in the same meaning by some philosophers but different from each other espacially in the meaning of law. Right to resistance, is an universal human right that doesn't need to be hold by positive law. This human right has its legitimation basic at natural law. However, revolution that means sudden and completely change in social order, never had a place in law. Because, the main aim of law is to protect the social order. Otherwise, the law will be in contradiction with its presence. At the historical perspective, it can be said that, right to resistance evolved with the state's evolution. At the beginning, riht to resistance allowed the citizens to kill the sovereing and this was seen as a natural power of the citizens. But in time, right to resistance became tame in the modern,democratic state and had a new meaning under a new name. It is " Civil Disobedience". Some European countries hold right to resistance in their constitution but also declaired that this right can only be used to defence the liberalistic, democratic fundemental order and as a "last way". Non -violance is the main difference of civil disobedience from right to resistance. By having this difference, civil disobedience trying to find a legal basic to itself in the modern democratic state. vi