The fundamental rigths and freedoms in 1982 and the Costitutional criteria of restriction?s limits

The terms as ?civil rights? and ?civil freedoms? has been used to mention about rigths and freedoms which is provided to people in democratic societies. Fundamental rigths is a part of human rights which is accepted and arranged by substantive law.Defining limits of rights, inferring how are used they, regulation of them are necessary for existence of rights and their having a practical value according to person aspect. As different as 1924 Constitutions? approach of restrictions on fundamental rights and freedoms, The 1961 and 1982 Constitutions adopted in pricipls the protective measures for fundamentalrigths and freedoms against tha arbitrarily acts of legistature.The 1982 Constitution has gone to comprehensive amendment way especially on rigths and freedoms by the Law 4709 in 2001. In here, Turkey?s key objective is the aim of to be European Union?s member. Esence variant is fundamental rigths and freedom amended by The Law 4709. It can be said that the aim of this amendment is to get the standard of European Union and to keep up with global developments that coming into existence about human rights.According to Article 13 of The 1981 Constitution as amended by The Law 4709, fundamental rigths and freedoms may be restricted only by laws. As the limit of restrictions, the essence of the right may not be infringed, they shall not be in conflict with the requirements of the democratic order of society, the secular republic and the principle of proportionality.This study which named as ?The Fundamental Rigths and Freedoms in 1982 and The Costitutional Criteria Of Restriction?s Limits? has been occured three parts. In the first part, knowledge which is about in terms rigth and freedom and their history has been given. In the second part, terms about rigths and freedoms and restriction them in Constitution have been investigated. In the last part, constitutional criteria about limits of restriction fundamental rights and freedoms in the 1982 Constitution have been analyzed with their details.With this study, existent arrangement about restriction rights and freedoms after 2001 amentmend in 1982 Constituton has been viewed. To introduce the difference between 1961 Constitution and previous situation before amendment in 1981 Constitution, to mantain an opinion about Turkey?s Development line on human rights, to analyze efficiency of costitutional protectng measures which is ocurred the limit of restriction are composed as the aims of this study.Key Words: Human Rights, Fundamental Rights, 1982 Constitution, Restriction of Fundamental Rigths.