ULUSLARARASI İNSAN HAKLARI HUKUKU VE ANAYASA HUKUKU AÇISINDAN ADİL YARGILANMA HAKKINDAN EŞİT YARARLANMA SORUNU VE KIRILGAN BİR GRUP OLARAK YABANCILAR

OpenAlex Turkish

The right to a fair trial is an indispensable tool for establishing a healthy relationship between those living under the sovereignty of a state and those who exercise that sovereignty. In states governed by the rule of law, the judicial review of the actions and procedures of the administration is only possible if everyone has access to the right to a fair trial. In this sense, the relationship between citizens and foreigners with the administration, in other words, with the executive branch that exercises its sovereignty within the framework of the powers granted by the constitution to govern the state in accordance with the laws and the constitution, continues in accordance with the law, provided that the actions and procedures of this branch are subject to judicial review. Apart from political rights and duties, the necessity for citizens and foreigners to be in an equal position in terms of holding the state accountable when it acts unlawfully is accepted in international law and Turkish constitutional law. However, in the application of law, the applicability of the normative structure is as important as its normative structure. This study aims to offer a critical perspective on the normative structure regarding the need for equal treatment of foreigners with citizens in their relationship with the law through the judicial branch and with the administration through the help of the law. This study will examine the impact of foreign nationality on the actual realization of rights protected by the normative structure of law. It will investigate whether foreigners, like other vulnerable and specially protected groups in society, constitute a fragile group, identifying their problems and their sources, and proposing solutions.