Limitation of the right to vote and be elected in Turkish law

Elections are one of the fundamental elements of democratic governance. The subjects of the right to vote and to be elected constitute the actors who choose and are elected in the election process. Parliament members and political power are determined through elections in which these actors take part. The phenomenon of elections in Turkey has a history of more than 100 years, starting from the Republic period. However, there are still shortcomings and criticisms regarding the institutionalization of elections as a democratic method. Interference in election law with political and social engineering and disruptions caused by military coups have made it difficult to resolve the problems related to election law. This situation also harms the function of elections to provide democratic legitimacy. In this study, it is aimed to reveal the general theory of the limitation of these rights and the legal dimension of these rights in Turkey by touching on both the theoretical foundations of the rights to vote and to be elected and their place in national and international legislation. In the study, the rights to vote and to be elected were examined in the context of YSK, Constitutional Court and ECtHR decisions. In this context, it is aimed to identify various problems regarding the restrictions on the rights to vote and to be elected and to offer solutions to these problems.