The Freedom of justice demanding

ABSTRACTMaster of Degree With ThesisThe Freedom Of Justice DemandingOnur ÇETİNDokuz Eylül Üniversitesiİnstitute of Social SciencesThe Programe of the Public LawHuman being is the most intelligent living being in the nature; thus,every rule in the nature has been made human-oriented. The joint effort of alithe human rights ûheories put forth to date is to make the person the objectiveof the political system and enable him/her to to lead an honorable life. in orderto ensure that, basic rights and freedom that the individuals have should beprotected and the injustice in question should be eliminated by using certainmethods in the event of the violation of these rights. in this respect, the freedomof seeking remedy expresses the concepts of justice, eouaûity and human rightsand include these concepts.Generally, the freedom of seeking remedy can be defûned as theindividuals' being abie to make an application as a tdefendant or plaintiffbefore the judicial bodies in order to seek his/her rights and freedom andhaving the right to be tried with allegation and plea before the fair courtsconforming with equity and having been established before the conflict.However, the freedom of seeking remedy may require other different methodsexcept for the judicial ways. The freedom of seeking remedy can be exercisedby some ways that are not judicial such as ombudsman, right to resist, civilobedience ete,Realization of seeking remedy in full and making the ways of seekingremedy available to every one without any obstacle requires the existence ofcertain principles. it is impossible to seek remedy and mention such freedom ina place where the rule of law is not valid, the government does not deem itselfas related to the Iaw, the regime is not based on demoeratic procedures andbasic rights and freedom cannot be protected suffûciently. Therefore, thesetopics are primarily ineluded in our study and seeking remedy is based onthese concepts.Freedom of seeking remedy expresses ali the application methodsineluding administrative, political and judicial ways. in this regard, anyapplication made to the a-dmmistrative authorities or TBMM (Turkish GrandNational Assembly) by petition, being present at the court as a defendant orplaintiff are different aspects of this freedom. Therefore, while the freedom ofseeking remedy is being defûned, applications made to the administrations,requests submitted to TBMM by petition and any kinds of proceedings carriedout under the judicial bodies should be dealt with severally.Key Words : 1) The ways of Justice Demanding,2) The freedom of Justice Demanding, 3) The right of fair trial