Right to free elections in Turkey

Right to free elections, as a constituent element of democracy, provides public cooperation to state government. In this respect, in order to develop democracy and strengthen the approach based on human and right in Turkey, it is an important question that how the election rules can be improve in terms of right to free elections. In this study, a number of inferences have been made regarding the problems in Turkey by emphasizing both theoretical bases of right to free elections and international regulations regarding this right. Within the scope of these inferences theoretical approaches and international human rights law, especially European Convention on Human Rights system which guides Turkish legislation, have been examined. In this study, certain problems in Constitutional and legal regulations have been interpreted in the light of doctrine and jurisprudence of European Court of Human Rights. Certain Constitutional provisions regarding the restrictions on right to vote and eligibility is determined as the first question regarding the right to free elections. Secondly, individuals, once elected, have the right to sit and act as a member of parliament. Within this scope, Constitutional provisions regarding the legislative impunity which is closely linked with the right to sit and act as a member of parliament have been interpreted in this study. On the other hand, certain critics regarding the election system have been interpreted. Lastly, certain problems in the provisions regarding the domestic remedies including individual application to Constitutional Court have been interpreted.