The limits of legislative immunity with regard to tort responsibility

The aim of this dissertation is to examine the norm legislative immunity which is set in the first line of the article 83 in the 1982 Constitution with regard to tort law, and to determine the limits of MPs? responsibilities.To this end, determining the position and legal property of legislative immunity among other immunities which are given to MPs and, though not being MP, members of government who attend parliamentary activities, the development of parliamentary immunities in the history of law in the world and in Turkey, the limits of legislative immunity with regard to constitutional, penal and administrative law, and the like are examined in the first chapter of the dissertation.As for the second chapter of the dissertation, determining the limits of legislative immunity with regard to tort law, on what grounds the immunity of MPs and ministers, who are not MP but attend parliamentary activities can be saved or abolished, are examined.The result reached in this work is that the norm legislative immunity, which is set in the first line of the article 83 in the Constitution, is not absolute. It is precisely because that according to rules of the internal regulation of the Grand National Assembly of Turkey disciplinary punishments could be given to MPs; that is they are held responsible with respect to administrative law, according to several rules of the 1982 Constitution MPs can lose their membership and political rights related to political parties for 5 years in response to their speeches during parliamentary activities of the Grand National Assembly of Turkey which may lead to the closing down their parties by the Constitutional Court; that is, they are not immune with regard Constitutional Law.What is tried to demonstrated in this work is that an MP or a member of government who participate in parliamentary activities ought to be held responsible for his/her wrongful act causing material and spiritual damages within the framework of tort responsibilities, despite they are immune to punishments for their remarks and swear words, insults and slanders. This result is derived from various legal opinions/interpretations of Turkish Supreme Court as well as various doctrinal views.Key Words:1.Legislative Immunity2.Tort Law Responsibility3.The Grand National Assembly of Turkey4.Conditions of Illegalities5.Faultiness