The decisions can be assigned by the Constitutional Court in case of application in criminal matters in Turkish Law
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2013
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Advisor: Prof. Dr. İlhan Üzülmez
Abstract (EN)
Today human rights, continue to be one of the principal problems of humanity as in the past. In spite of the legal, political, social, cultural activities in order to protect and promote human rights and the current, level of civilization it is still difficult to say that human rights, in other words human beings have seen the value it deserves. Human rights that are guaranteed by the Constitutions are protected by various judicial procedures. In terms of the protection and promotion of human rights, individual application to the Constitutional Court, compared to other ways of constitutional adjudication, excels as a mechanism that can be used directly and effectively providing reassurance. In the way of individual application to the Constitutional Court, individuals claiming a violation of fundamental rights and freedoms are able to demand the elimination of the violation by applying directly to the Constitutional Court without the need for any other procedure.Criminal law is one of the areas that individuals most experience the enforcement power of the state and therefore experiencing the most violations of fundamental human rights. Since cases involving criminal law constitute the majority of applications to the European Court of Human Rights and as of the date 23 September 2012 the Constitutional Court confirms this claim. It is expected to decrease violations of fundamental rights in the process of criminal procedure by recognition of the right of individual application to the Constitutional Court. The decisions of the Constitutional Court on the applications made in criminal matters will be decisive in this respect. Furthermore, recognition of the right of individual petition to the Constitutional Court has brought some debate along with it. Especially the nature of the relationship between Constitutional Court and the Supreme Courts; the fate of the applications that have been made and applications to be made thereafter is controversial. Some criticisms have been voiced that Constitutional Court transformed into a super Court of Appeal through individual application. Despite all the criticisms and concerns, having recognized the right of individual petition against the violation of the fundamental rights is a significant and positive step in terms of rights. The Constitutional Court may resolve criticisms and concerns that expressed with its decisions and attitude in favor of fundamental rights. Such an attitude providing the organs of public power to act more carefully will also make a great contribution to the adoption and reinforcement of human right KEY WORDSHuman rights, Individual applications to the Constitutional Court, criminal law, supreme courts, Constitutional Court, the European Court of Human Rights, the decisions of the Constitutional Court
Author
Köroğlu Kaya
Institution
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Köroğlu Kaya (Master Thesis). The decisions can be assigned by the Constitutional Court in case of application in criminal matters in Turkish Law, 2013, Ankara Yıldırım Beyazıt University.
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