Anayasa Hukukunda yeni eğilimler; Milletlerarası Anayasa Hukuku
Başlık çevirisi mevcut değil.
- Tez No: 37259
- Danışmanlar: PROF. DR. ERGUN ÖZBUDUN
- Tez Türü: Yüksek Lisans
- Konular: Hukuk, Law
- Anahtar Kelimeler: Belirtilmemiş.
- Yıl: 1994
- Dil: Türkçe
- Üniversite: Ankara Üniversitesi
- Enstitü: Sosyal Bilimler Enstitüsü
- Ana Bilim Dalı: Belirtilmemiş.
- Bilim Dalı: Belirtilmemiş.
- Sayfa Sayısı: 175
Özet
Özet yok.
Özet (Çeviri)
174 SUMMARY Today, the human being stands at the dawn of a new era which is depicted by stunning changes and unprecedented improvements. As the humanity moves toward the 2000's, certain compelling facts which cannot be neglected, are encountered in social, economic and political areas. In this context, International Constitutional Law is, first a phenomenon, and then, a brand new concept in Constitutional Law theory which is a product of changing conditions. Some of the concepts, such as state, sovereignty, human rights and international law, are being redefined. The state, has more opportunity to provide the individual's wealth and happiness in post-cold war era. It can be compelled to fulfill this duty by the individuals as well as the international actors who put pressure on the state for individual's benefit. The individual is one of the subject of international law by reason of international protection of human rights and the human rights problem is not the only problem of domestic law anymore, but also the problem of international law. Most of the areas being international through the internationalization process which has economic, social and political dimensions and the International Constitutional Law takes place at the legal dimension of this process. Classical international law is established upon“Two different space theory; national space, international space.”International Constitutional Law is constructed upon the ruins of this theory. Especially, in European Common Space, multilateral international conventions, such as European Convention on Human Rights and European Communities Agreements, as the rigid (sanctioned) law of international law, create conventional international standards; and the decisions of international courts which functions as a constitutional court, such as European Court on Human Rights and Court of Justice, create jurisprudential international standards. These standards which are reinforced by the multilateral international declarations, such as CSCE, as the soft law of international law, prepare the underlying conditions of a liberal- democratic model of society. These standards, which is produced in European Common Space are being exported to European states and the others. They penetrate into domestic law, mediated through two essential channels; Constitutions and Constitutional (or Supreme) Courts.175 The European states are the first hand, and the other states are the second hand consumers of these standards while Turkey is one of the second hand consumer. Last consumers of these standards are individuals, because human rights take place at the basis of them. Since, the International Constitutional Law is a brand new concept in Constitutional Law Theory, it includes many problems (theoretical and practical) which have to be deliberated on meticulously. Three questions should be asked about International Constitutional Law; to what extent International Constitutional Law, international, constitutional, and law? From the perspective of Turkey, it can be said that, implementation of International Constitutional Law standards has some difficulties because of the closed system of 1982 Turkish Constitution. The Constitution must be amended radically to become a member of EEC. Since, we are not member of EEC, serious problems are not seen on this subject in practice, but Turkey has different position before the ECHR. It can not be applied in Turkey as it should be, because the reservations devaluate the effectiveness of the Convention. In addition, it has force of law in Turkish legal system. Constitutional Court and Council of State are trying to fill the gap of the Constitution and transporting the International Constitutional Law rules into domestic law. Today, attitude of Constitutional Court and Council of State, can be assess positively, but it includes a risk, the channels which are exerted today by the Constitutional Court and Council of State, can be exerted to obtain different goals in the future. Consequently, Turkey has to be ready to the future developments on this subject. The first thing should be done by Turkey, to amend the Constitution and accept the principle of supremacy of international law in the Constitution explicitly. 1 9
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Başlık çevirisi yok
ÇAĞRI SAVAŞ
Yüksek Lisans
Türkçe
2019
HukukBahçeşehir ÜniversitesiTicaret Hukuku Bilim Dalı
PROF. DR. MEHMET ARİF ESİN