2017 constitutional amendment within the scope state of emergency

Governments may sometimes encounter situations that disrupt public order and threaten the existence of the state. In these cases, ordinary legal rules may be insufficient to restore order and may, therefore, resort to emergency regimes. Although the state of emergency has different meanings in different countries, the practice is the same in all. In general, regime changes are made during the implementation, the powers of the executive body are expanded, while it is seen that rights and freedoms and especially the law on supervision is limited with the measures introduced. However, impermanence and necessity are very important in the common framework of all constitutions. After the elimination of the compelling reasons which are effective in declaring the state of emergency, it is important to return to the usual system as soon as possible. If this form of governance that is referenced many times in Turkey often it has been seeking to address severe acts of violence that occurred today and has come up constantly making new arrangements. According to the latest Law numbered 6771 dated 21 January 2017, of the Republic of Turkey Constitution Amendment, the constitution also be some regulations in extraordinary forms of government as a result of changes made were formed. The purpose of this study titled 2017 Constitutional Amendment Within The Scope State of Emergency, although the definition of the state of emergency from the past to the present day, what differences exist in the constitution, the constitutional changes in the context of the state of emergency as a result of changes in the context of the state of change and innovations are aimed to show. Also, within the thesis, what are the criteria for limiting fundamental rights and freedoms in terms of European Convention on Human Rights and Turkish Constitutions and how they are audited both politically and judicially are explained by related laws and measures taken.