Hak ve Özgürlükleri Sınırlandıran Kavramların Tasnifi ve Derecelendirmesi - I: Kamu Düzeni ve Kamu Düzeni ile İlgili Kavramlar

Türkçe

There are many common reasons limiting rights and freedoms in modern constitutions. These reasons, determined by the constitution-maker according to the conditions, are usually expressed in abstract and ambiguous terms. Hence, these terms are likely to be abused. Because, in the last instance, it is up to the political power to determine whether the conditions of restriction have occurred in practice or not. However, it should be emphasized that the final content of the terms will be decided by judicial decisions in the disputes to be experienced. In this contex, the first goal of this study is to classify the reasons/terms concerning the restriction of rights and freedoms in terms of subject. Thus, elements such as the content of the threat, its geographical impact level, and its continuity shape the actions to be taken. Because momentary threats, which are related to internal security, order, a limited area, are related to public order. In connection with the first, the second goal of this study is to demonstrate how the terms are used in ordinary and extraordinary situations in the context of different country examples. Therefore, the analysis of the reasons limiting the rights and freedoms concerning the survival and existence of the state is beyond the scope of this study.