Türkiye'de din özgürlüğüne ilişkin anayasal güvence
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Date
2012
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Sosyal Bilimler Enstitüsü
Abstract
This study aims at analyzing the constitutional protection of freedom religion in Turkey. Based on a critical evaluation of the literature, legal doctrine and jurisprudence on the issue, this study adopts an approach, which aims at taking rights and the integrity of constitution seriously; by employing a method focused on the legal analysis (rechtsdogmatik) of the subjective rights concerning freedom of religion.The protection afforded to the freedom of religion by the Constitution is conceptualized as a guarantee under the rule of law for persons to be free from coercion and illegitimate intervention pertaining to the field of religiosity. The guarantee is built by a host of constitutional norms functioning as determinants of the objective legal order, as well as the legal basis for various subjective rights claims. The basic tenets of the Republic (a secular state respectful to human rights under the rule of law) define the basic framework, within which such guarantee operates.The subjects of the rights, the respondents thereof and their respective responsibilities emerging from such rights, the scope and the limits of rights concerning freedom of religion are studied within the above mentioned understanding. Robert Alexy's theory of constitutional rights and particularly his model of principles-and-rules is adopted here in order to introduce an approach, which will enable us to analyze the complex legal issues arising from the need to determine the scope and the limits of freedom of religion, which, under the relevant constitutional regime, cannot be limited by statutory law.
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Türkiye, din özgürlüğü, anayasal güvence