Restriction of the fundamental rights and freedoms in the state of emergency

There has been a debate on basic human rights and freedoms since the early times of mankind. However, this debate has various aspects depending on time and place. The debate on basic rights has especially increased because of the catastrophes and grave breaches of human rights both during and following the Second World War. The doctrine couldn?t keep silent during these developments. Legal doctrine of the last quarter of our age has been either mostly on human rights or contained chapters examining current issues. Turkey has made a considerable progress on basic rights and freedoms and legal framework has developed rapidly. The issue of human rights and freedom is still valid today and breaches may result in unexpected grave consequences; therefore, the doctorial thesis examines this important topic.First, the thesis gives general information on the concepts related to the basic rights and freedoms. It explains what basic rights and freedoms are; how they can be classified; and to what extend the Turkish Constitution comprises basic rights and freedoms. The thesis also examines how these rights and freedoms are restricted in states of emergency. Additionally, the thesis discusses the decisions of the European Court of Human Rights, in accordance with the European Convention on Human Rights.The thesis has referenced to various publications, such as books and articles on the topic. It also discusses related parts of the decrees with the force of law, enacted in state of emergency. International doctrine is also an important source for the thesis. The thesis compares the domestic legislation with other countries? laws. In this context, as a neighboring country and a member of the European Union, Greek Constitution has similar provisions. As a developing country and known by our people, related chapters of Bulgarian Constitution are also examined. Besides these two countries, in order to better understand the rationale of the newly independent countries, the thesis also explains the related provisions of Khazakhistan and Latvia. As examples from the European point of view on the issue, the thesis also explains various parts of French and Italian Constitutions.The thesis concludes by mentioning that almost all constitutions comprise basic rights and freedoms. But the level of restricting basic rights and freedoms varies depending on the countries? civilization, development level and strategic status. Most constitutions comprise state of emergency procedures. Various countries, like Turkey, have extraordinary governing procedures at two levels; either during state of emergency or during martial law. The other countries have only one stage. Other countries enacted laws for these procedures. The state of emergency procedures became legal and legitimate by this way. Turkey has adopted basic rights and freedoms as developed countries had before. The latest amendments in the Constitution has made a considerable great progress. As an extraordinary governing system, ?state of emergency?, as well as the ?martial law,? has helped to protect basic rights and freedoms from unnecessary or arbitrary excessive violations and restrictions.