Freedom of science and the arts in Turkish Public Law and its reflections on practice

Science and art, which are considered to be the most honourable activities in the area of human beings' idea generating, require freedom since they always introduce innovation and development to society. As the reflection of the need for this freedom, "Freedom of Science and Arts" is regulated in Article 27 of the Constitution of 1982. In this study, it is aimed to present the qualification, scope and the limitations of freedom of science and arts based on Article 27 of the Constitution. In the first part of the study, the indispensable relationship between the state, science and art is explained and the question why the freedom of science and art is actually essential is answered, after general explanations related to the concepts of science and art. In the second part of the study, the qualification of freedom of science and art is approached with various classifications of rights. Additionally, the scope of freedom of science and art is determined in means of activity and person according to Article 27. Restriction imposed to freedom of science and art caused by Constitution is argued with its reasons and the main emphasis is put on the question how the borders of this freedom area should be specified. In the third part of the study, it is shown with examples that how the freedom of science and art is indeed limited in practice with law and how this freedom is protected and approached in judicial decisions. The scope which is determined for freedom of science and art is discussed as well. The ever-changing nature of science and art also diversifies the content and the scope of this freedom over time, therefore; there is a need for an independent interpretation in terms of science and art. With the researches carried out within the scope of this study, it has been concluded that the limitations introduced to Turkish Public Law are widely interpreted in practice and the provisions to protect this freedom remain insufficient. Keywords: Freedom of Science and Arts, Article 27 of the Constitution of 1982, Freedom of Science, Freedom of Arts