The influences of the 03.10.2001 dated Constitutional amendments over the fundamental rights and liberties
2004
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Danışman: Prof. Dr. Mehmet Sami Denker
Özet (EN)
VI ABSTRACT The Constitutions are the legal documents which expose the fundamental structure bodies and the their interwoven relations as well as recognizing and maintaining inborn rights and liberties obtained by the individual. The constitutions which are being shaped for the sake of the claims of principal founder power owners pursuing the traces of the period when they have emerged. The dominant conditions of the period have resulted in breaking the futuristic linkages of the Constitutions and, thus, meeting the human necessities of democratic societies in less qualified manner. The society may have been aware of the rights and liberties of their species within different regions of the world by means of the developing social, economic, political and technological parameters. By the lapse of time, people demanded to use the rights and liberties which they have been deprived from the political power by implementing the different means. The political powers who could not be insensitive for these claims evolving and transforming in accordance with the conjonctural needs and attempted to set the constitutional amendmends to their agendas. 1982 Constitution is also subjected and influenced from these motifs. 1982 Constitution have been criticised by the different levels of the society in many respects since the date when it entered into enforcement. Depending upon the constitutional amendmens, we can mention 5 changes as 1987, 1993, 1995 and 1999 as well as 2001 as an agenda of the country. 2001 amendments as a sixth one is the most inclusive covering different 35 articles of the Constitution. In our study, we have focused on the basic rights and freedoms of 2001 Constitutions. Whih the 2001 Constitutional amendments, regulating on the second part of the Constitution, concerned with the titled subjects on the "general principles", "the rights and the duties of individual", "social and economic rights and duties", "political rights and duties". With the 2001 Constitutional amendments, on the Preamble of the Constitution, the articles 13, 14, 19, 20, 21, 22, 23, 26, 28, 40, 41, 46, 49, 51, 55, 65, 66, 67, 69 and 74 were partially changed. Aforementioned amendments have been studied in respect of fundemental rights and freedoms.
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Nizamettin Aydın (Master Thesis). The influences of the 03.10.2001 dated Constitutional amendments over the fundamental rights and liberties, 2004, Kütahya Dumlupınar University.
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