Right Of Petition At Turkey

KENAN Kenan. Türk Kamu Hukukunda Dilekçe Hakkı ve Kullanma Usulü, Yüksek Lisans Tezi, Ankara, 2007. This thesis deals with the right of petition, which is among the oldest public and political rights of the citizen, one of the most essential means that provide for the governed the participation in government and checking it, one of the most important causes of fundamental aims in establishing the transparent ness, participation, justice and propinquity concerning the public services, and openness to the public control in a democratic state. This right is assumed to be as ancient as the history of the governedgovernor relationship. The right of petition was first established as a legal right in ?Kanun-i Esasi? in 1876; however, it is observed to have had applications prior to that time. In our period, the right of petition is recognized and guaranteed by means of the Constitution and the Law No. 3071 on the Use of Right of Petition, but it is not effectively exercised in its application. One reason for this is the unsatisfactory knowledge of the governor and the governed on the subject, a consequence of the inadequate number of the printed materials on this topic Through this study, it is aimed to prepare a source for both the governor and the governed to have recourse to when needed, to determine the main features concerning the application of the right of petition, and thus, to contribute to the provision of efficient exercise of it. In this thesis, subsequent to the setting the definition and the legal character of the right of petition, the right is compared with the similar concepts such as the right of information, the freedom to claim rights and ombudsman. Then, the historical development of the right of petition throughout the world and in our country is explained chronologically. Lastly, the right of petition and the method and procedure regarding the application of this right is studied in terms of the Constitution in 1982 and especially of the Law No. 3071 on the Use of Right of Petition. This study, as convenient to the intend of the thesis, concludes that, together with the provision of this right also for the foreigners without any restrictions; the provision of the information concerning the existence and exercise of the right of petition for the citizens through the government, mass media, universities, non-governmental organizations, associations and trade unions; the instruction of the whole public-sector employees and especially the personnel dealing with the right of petition by the government is appropriate in order to enable the right of petition to be exercised more effectively and extensively.