Master'sOpen Access

Examination of limitation of people rights and duties in the the Republic of Turkey's 1982 constitution in the constitutionalization process

2019
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Advisor: Dr. Öğr. Üyesi Uygar Dursun Yıldırım

Abstract (EN)

Before the concept of "state" was formed, people thought that living in a society could be possible with some ruleSayı, As a result of this idea, they reached a consensus on the so-called "social contract" norm. Later on, social contracts turned into the concept of "constitution". In addition to specifying the form and duties of the state, the constitutions also show what citizens' rights are and how to exercise them. Moreover, another task of the constitutions is to clarify the interference of both the state and individuals with these rights and the limits of intervention. The Republic of Turkey's constitution, which has been in force since 1982 and has been amended in time, wanted to prevent the problems that may arise in the interventions and use of other individuals and the state by the rights of the people. The Original 1982 constitution bound the limits to be respected in the restriction of rights to the general reasonSayı, The fact that these reasons are abstract concepts and limiting all rights made it difficult to exercise the rights and facilitated the intervention. In the following years, as a result of the harmonization process with the European Union and the expectations of the society; The Republic of Turkey has been decided to end the restriction of the rights with the general reasons in 2001 and instead, it has been stipulated that rights could be restricted for individual reasons specified in their articles of law. In this study, it has been tried to explain the special reasons for limiting individual rights and duties, historical background and application methods by examining other constitutions, laws and literature sourceSayı, Keywords: social contract, individual rights, constitution of 1982, restriction, constitutional amendment of 2001

Author

Cafer Yetim

How to Cite

Cafer Yetim (Master Thesis). Examination of limitation of people rights and duties in the the Republic of Turkey's 1982 constitution in the constitutionalization process, 2019, Gaziantep University.

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