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The supreme electoral board and the effects of the supreme electoral board decisions on democratic election

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2007
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Abstract (EN)

The elections, which are the ?sine qua non? of the democracy, may only be accomplished under the direction and the control of an independent and neutral body. In democratic countries, the two functions of direction and control of the elections may either be attributed to the same body or to two different bodies. According to the 1982 Constitution, the Supreme Electoral Board carries out the direction of and the control over the elections. The decisions of the Supreme Electoral Board, whose tasks and competences have undergone important changes until today, have had important effects on the political, social and economic structures of the country. Specifically because of the decisions taken ex officio or upon objections and complaints, the discussions on its adequateness in offering the expected legal services have dominated the public opinion in the last times. The dissertation is composed of the introduction, three main chapters and the conclusion. Following the introductory chapter that gives a general explanation, in the first chapter, we analyzed the subjects of democracy, theories of democracy, the essential principles of democracy and the democratic representation. In the subsection entitled ?Elections?, the definition of election, the electoral systems, the democratic nature of elections and the main principles of democratic elections and the direction of and the control over the elections have been discussed. The second chapter analyzes the historical background, the structure, the tasks and the competences, the legal structure, the types of decisions taken by the Council, the regulations concerning the objections and the complaints and finally ?full unlawfulness? cases. In the third chapter in which we analyzed some important decisions of the Supreme Electoral Board that had impacts on the democratic nature of the elections, we discussed the changes of opinion produced by these decisions, the similarities and/or the contradictory aspects of these decisions. In the conclusionary chapter, the effects of the Supreme Electoral Board?s decisions on democratic elections are discussed in the light of decisions we analyzed in the previous chapter. The dissertation emphasizes that ?the rule of law? and/or ?the State based on the rule of law? has priority over the other essential principles of the Republic and needs to be developed and accomplished primarily because it guarantees the life conditions of the other principles; and it is underlined that without ?the rule of law? fully developed the other principles cannot be established.

Author

Abdullah Atila Bingöl

How to Cite

Abdullah Atila Bingöl (Doctorate thesis). The supreme electoral board and the effects of the supreme electoral board decisions on democratic election, 2007, Gazi University.

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