Akademik Veri Yönetim Sistemi
RULE OF LAW, HUMAN RIGHTS AND JUDICIAL CONTROL OF POWER: SOME REFLECTIONS FROM NATIONAL AND INTERNATIONAL LAW, cilt.61, ss.391-422, 2017 (SSCI)
The article titled "Role of the European Court Of Human Rights in the Turkish Constitutional Court's Rulings Regarding the Freedom of Association" illustrates the impact that the European human rights standards have had on the Turkish Constitutional Court in Turkey. First, the article briefly examines the salient characteristics of the 1982 Constitution regarding rights and freedoms and the place of international human rights law in domestic law. Second, it discusses the Turkish Constitutional Court's approach to the freedom of association. This article reveals that the European human rights documents and the rulings of the European Court of Human Rights are indispensable elements for Turkish legislation and for the Turkish Constitutional Court. Indeed, the Constitutional Court's approach is critically important in providing consistency between domestic law and international human rights standards. However, it seems that sometimes the Court hesitates to fully embrace them by accepting the broad discretionary power of Parliament.