Right to reasoned decisioning in the light of the judgements of the European Court of Human Rights and the Constitutional Court

In addition to resolving an existing dispute, judicial decisions also reveal the general principles and rules related to the subject of the dispute. The concept of justification, which is based on the individual's desire to know and has ancient roots, has been accepted over time as an element of the principle of reasoned decision and the right to a fair trial. The right to a reasoned decision, which is recognized and protected by the jurisprudence of the European Court of Human Rights within the scope of Article 6 of the European Convention on Human Rights; It is regulated and protected in detail in our Constitution, laws and other legislation. According to national and international legal regulations, it is mandatory for judicial decisions to be justified. Although the right to a reasoned decision means that court decisions must be reasoned, it is an obligation before the courts and an important and mandatory element to ensure a fair trial process. Although justification is a constitutional and legal obligation in the Turkish legal system, the absence of a satisfactory justification in decisions is considered a state of absolute unlawfulness. In some cases, courts may violate this right because they do not adequately justify their decisions. At this point, the decisions of the European Court of Human Rights and the Constitutional Court regarding the violation of the principle of the right to a reasoned decision further reveal the importance of this right. In this study, the importance of the right to a fair trial, which has an important place in the field of human rights, and the right to a reasoned decision within its scope, is emphasized; The text of the contract and the forms of regulation in Turkish law are emphasized. The ways in which the right to a reasoned decision was violated were analyzed in the light of the decisions of the European Court of Human Rights and the Constitutional Court, and suggestions were made to effectively fulfill the obligation regarding this right in our country.