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Authorization of using armed forces and declaration of war in the Turkish Constitutional law

2021
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Advisor: Doç. Dr. Hayri Keser

Abstract (EN)

The State's authority of declaration of war and using armed force is a very important issue that must be evaluated in the context of Turkish Constitutional Law. The main purpose of the study will be to specify the situations in which war and the use of armed force are considered justifiable, the conditions of war and use of armed force and the roles of state organs in the process of executing authority. Within the scope of Constitutional Law; it is substantial to evaluate the limits of the legislative, executive and judiciary authorities in the process of using the armed forces, on the purpose of preventing conflict of authorities. Especially, in order to solve the conflict of authorities between the legislation and executive organs, the terms and content of the authority to use armed force must be addressed. Within the context of the study, in the process of the declaration of war and the execution of the authority of using armed force, it is significant to evaluate the limits of the authorizations of the legislative, executive and judiciary organs. In order to proposing a solution to the aforementioned issue, national and international legal sources have been examined. Within the context of national legal sources; Constitutional and legal regulations, court decisions in Turkish Law and the doctrine are evaluated. Within the scope of international law resources; international regulations, decisions of international courts, the doctrine and state practices are examined.

Author

Dr. Cem Ümit Beyoğlu

How to Cite

Cem Ümit Beyoğlu (Doctorate thesis). Authorization of using armed forces and declaration of war in the Turkish Constitutional law, 2021, Akdeniz University.

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