Gendarmerie's power to protect public order
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Abstract (EN)
Public order is a concept that, in our opinion, is deliberately avoided in the legislation. The fact that it is an abstract and open-ended concept poses a danger to certain fundamental rights and freedoms that can be restricted for it. For this reason, if modern legal regulations leave the job of defining it to legal doctrine and court decisions, the teaching and judicial body should also do their part and situate it within a certain framework in all aspects. This concept, which has not been regulated in a consistent way in Turkish law in the Constitution, is also handled with different approaches in court decisions. The doctrine, on the other hand, seems to deal with this concept in a more limited way and reduce it to an equivalent definition with the concept of public interest. However, public order has a power protection for which many rights are limited and it is taken over for the benefit of individuals, taking into account the priorities of benefit. With this aspect, it finds a place for itself in all areas of our lives as a prioritized concept. The executive's power to prevent administrative law enforcement activities and public order without disturbing it is a power given to it by the legal order. The administration will only be able to protect this social life with law enforcement activities, and while doing this, it will benefit from law enforcement personnel. Gendarme, which is a general type of administrative law enforcement, also refers to an organization that will be used by the administration. The gendarmerie is now a law enforcement force, and the only criterion that distinguishes it from the police as a rule is the geography in which it works. In this study, this distinction is briefly mentioned, the powers of the gendarmerie as an administrative law enforcement type, not as a judicial law enforcement type, are discussed. Keywords: Public order, Gendarmerie, Political power, Social power, Public Security
Author
Fehim Karakuş
Institution
How to Cite
Fehim Karakuş (Master Thesis). Gendarmerie's power to protect public order, 2022, Başkent University.
License
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