Freedom of political parties
2006
0 görüntülenme
0 i̇ndirme
Danışman: Y.doç.dr. Oğuz Şimşek
Özet (EN)
There is a rule in 1982 constituion which is political parties areindispensable elements of a democratic system and political parties can beestablish with unallowing. Political parties is codificated in constitution byTurkish constituion maker cause of these establishment?s indispensableelement. Especially, constitutional guarantee creates very credibil conditionagainst of party of power. Political parties are indispensable elements of ademocratic system principle doesnt mean theirs freedom arent infinitive. On thecontrary, political parties have to obey in constituional rules, because ofimportant function in political life. As a matter of fact, who can be member toparties, financal helping method to parties; how can be statue, program andactions rules include article of 68 and 69 of constituion.According to article 68/4 of constituion ?The statutes and programmes,as well as the activities of political parties shall not be in conflict with theindependence of the state, its indivisible integrity with its territory and nation,human rights, the principles of equality and rule of law, sovereignty of thenation, the principles of the democratic and secular republic; they shall not aimto protect or establish class or group dictatorship or dictatorship of any kind,nor shall they incite citizens to crime?. And, the dissolution of political partiesshall be decided finally by the Constitutional Court. The permanent dissolutionof a political party shall be decided when it is established that the statute andprogramme of the political party violate the provisions of the fourth paragraphof Article 68. A political party shall be deemed to become the centre of suchactions only when such actions are carried out intensively by the members ofthat party or the situation is shared implicitly or explicitly by the grandcongress, general chairmanship or the central decision-making oradministrative organs of that party or by the group?s general meeting or groupexecutive board at the Turkish Grand National Assembly or when theseactivities are carried out in determination by the above-mentioned party organsdirectly. Instead of dissolving them permanently in accordance with the above-mentioned paragraphs, the Constitutional Court may rule the concerned partyto be deprived of State aid wholly or in part with respect to intensity of theactions brought before the court.Article 68/4 of constituion indicate ten piece obligation for politicalparties, but all of these obligations can be summarize three main title: These are?countrial and national completeness of goverment basis?, ?secular govermentbasis? and ?democratic goverment basis?. Turkish Constituion Court evaulatethese basis fastidiously and explain their means when political parties trial.According to Court of Europan Human Rights, Turkish Constituion Court?sshutting punishment of judgement is excessive in Turkish political parties trials,so change of law shutting punishment must be last cure for political parties.Key World: 1-Political Parties, 2-Freedom of Political Parties, 3-Freedom of Partiesin Turkey, 4-Closing Cause of Parties, 5-Limits Of Political Parties Freedom
Yazar
Dr. Mahmut Yalçın Söğütlü
Bu Yayına Nasıl Atıf Yapılır
Mahmut Yalçın Söğütlü (Master Thesis). Freedom of political parties, 2006, Dokuz Eylül University.
Anahtar Kelimeler
Lisans
Tüm Hakları Saklıdır
Bu eser belirtilen lisans koşulları altında paylaşılmaktadır.
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