Hukuk devleti olgusunun Türk anayasalarındaki yeri(1921-1982)
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Date
2006
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Türk İnkılap Tarihi Enstitüsü
Abstract
State of Law principle has been based on the grounds of human rights anddeveloped. State of Law, respects to justice principle while performing its duties aswell as accepting the people have fundamental rights and freedoms. State of Lawprinciple protects those rights and freedoms against all threats. All transactions ofState of Law are supervised by judicial bodies which are impartial and independent.State of Law principle enables the restriction of political power and prevents thispower to be used in discretionary way. Human rights and justice constitute thegrounds of State of Law principle. Improvement of State of Law principle is relatedto improvement of fundamental rights and freedoms.State of Law principle developed thanks to big communal actions. In Turkeyfirstly during Ottoman Empire, State of Law principle began to come true by the billof rights announced by Sultan and it was inserted to first constitution (KanuniEsasi). With Constitution (Teşkilatı Esasiye Kanunu) which was prepared and putinto force in 1921 during Turkish Independence War; national sovereignty principleinserted to the Turkish legal and democratic system. After Turkish IndependenceWar was completed successfully and announcement of Republic new TurkishConstitution (Teşkilatı Esasiye Kanunu) was put into force in 1924 and it has been amilestone in state of law principle. To insert state of law principle to Turkish legalsystem and implement it according to the contemporary standards e new constitutionwas enacted in 1961.It had all modern mechanisms to enhance the state of lawprinciple. With new Constitution which was enacted in 1982, state has had a higherand more efficient position against individuals. It has also important rules in termsof state of law principles. Examining the Turkish constitutions, we find out that stateof law principle has developed gradually. It is necessary to achieve and enhance theawareness on implementing legislation effectively in practice. This process willprovide us to reach contemporary standards of state of law principle.
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Hukuk Devleti, Türk Anayasası