State of emergency within the rule of law principle and the emergency regime in Turkey

Events that put the existence of a state in danger and cannot be resolved through the normal legal processes require granting temporary and exceptional legal powers to the executive branch for necessary measures to be taken rapidly. Despite the fact that the aforementioned authorities should only be used in states of emergency and in response to the necessities caused by the state of emergency, it is observed that these exceptional authorities have become common, putting individual rights at risk. However, in the modern states that accepts the rule of law, state of emergency regimes are eventually legal regimes. For this reason, in states of emergency, it is obligatory to preserve the principle of the rule of law. Therefore, in the first chapter of the study the concept of the rule of law is explained in detail; and in the second chapter the interaction between the state of emergency practices and the principle of the rule of law is examined through the Turkey within the framework of the provisions of the Constitution of 1982.