Acquisitionand termination of member of parliament status in the 1982 Constitution
2015
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Advisor: Yrd. Doç. Dr. Yaşar Metin Özdemir
Abstract (EN)
The principle ofnational sovereignty that entered for the first timeintothe TurkishConstitution with 1921 Constitution has continued its existencewithArticle 6 ofthe 1982 Constitution. Becauseit is stated in Article 6 that sovereignty belongs to the nation without any restriction or condition. As a result of this principle, representation of the nation is regulated in Article 80 of the 1982 Constitution. According to this article, Member of Parliament represent, not just the selected area or who elect them, but the whole nation. Nation can only be used its sovereignty through the representatives. According to the points discussed above, eligibility to become a member of parliament which is counted in the Article 76 of the 1982 Constitution and in the article 11 of the Member of Parliaments Election Law, the matters related to the concept of MP candidates which are discussed in the article 20 and 21 of the Member of Parliaments Election Law again and in the article 84 of the 1982 Constitution, cases that terminate statue of Member of Parliaments which is counted in the article 135 of the rules of Procedure of Grand National Assembly of Turkey make the main subject of the study. In the first chapter of the study, the concepts of representation and representative democracy have been examined in order to reveal the understanding of present political representation. In the secondchapter, eligibilityfor election is described within the scope of Article 76 of the Constitution and Article 11 ofthe Election Law and relevant issues with thenomination within the scope of Articles 12, 20, and 21 were described. Also, the acquisition time and quality of the statue of Member of Parliaments, to begin usingthe powers ofthe newly electedParliament, parliamentary exemptions, parliamentary incompatibilities and personal rights of Member of Parliaments were discussed in the study. In the last chapter, termination conditions of Parliamentstatus were examinedunder the headingsself-termination, endingaccording tothe Supreme Election Boarddecision, loss of membershipunder the Constitution's Article 84, and judicial reviewof thedecision fortermination of the membership. Methodologically, both domestic and foreign literatüre review had done, fundamental legal regulations like the Constitution, the Procedural Laws and the Election Law have been examined and also the decisions of the Constitutional Court, Supreme Court, Council of State and The Supreme Election Board regarding to the subject have been evaluated. In addition to these, the comprasions have been made between Turkey and foreign countries limited by the subjects of eligibility to become a member of parliament, candicacy and parliamentary immunity.
Author
Dr. Gökhan Dönmez
Institution

Dokuz Eylül University
Division of Public Administration
How to Cite
Gökhan Dönmez (Doctorate thesis). Acquisitionand termination of member of parliament status in the 1982 Constitution, 2015, Dokuz Eylül University.
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