Master'sOpen Access

The privilege of freedom of speech for parliament members in Turkish Constitutional law

2021
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Advisor: Dr. Öğr. Üyesi İsmail Köküsarı

Abstract (EN)

The present Master's thesis entitled "The Privilege of Freedom of Speech for Parliament Members in Turkish Constitutional Law" consists of an introduction, three main sections and a conclusion section. This study discusses how legislative nonliability arose, its relationship with general freedom of expression, its place in the Turkish Constitution, the importance of legislative nonliability, the necessity of its implementation and its consequences in terms of legal disciplines. In order to better understand the whole study, sovereignty, representative democracy, separation of powers and legislative function directly related to legislative nonliability are briefly addressed in the introduction section in order to pave the way for understanding the need for assurances to be provided to the freedom of expression of deputies. In this context, the first part of the study discusses the historical development of legislative nonliability by addressing issues such as the concept, purpose, legal nature and scope of legislative nonliability and representation, democracy and national will, which form the basis of constitutional law. The fact that legislative nonliability provides deputies with a special and absolute freedom of expression, especially its difference from legislative immunity and its relationship with freedom of political expression play an important role in this study. In the second part of the study, the conditions and qualities of legislative nonliability are laid out based on the article 83 of the Constitution. In the final section, how the legislative nonliability of deputies provide administrative, civil and criminal protection is addressed within the scope of the views in the doctrine and court decisions.

Author

Dr. Ömer Sarıaslan

How to Cite

Ömer Sarıaslan (Master Thesis). The privilege of freedom of speech for parliament members in Turkish Constitutional law, 2021, Erzincan Binali Yıldırım University.

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