Ekonomik özgürlüklerin anayasal rejimi
Özet
Turkish constitutions of the republican era have regulated basic economical actitivites of individuals in various ways with different choices. As for the relations between state and individual, the 1924 constituion envisages preference over the individuals while the 1961 constitution prefers the state as the representative of the society regarding indivduals? demands in economics. 1982 constitution, on the other hand, swings within the settings of these previous two constitutions. All the three constitutions have transformed into the normative structure the pravailing understanding in economics and relations in law and economics of their respective periods. It is noteworthy that the constitutions, especially the 1961 and 1982, have paralel approaches with the European constitutions of the same era. In the thesis, we have examined the place of economic liberties in turkish law which are the basic parameters for perception of individuals in economics. It consists of two sections. The first section starts with definining the concept of economic liberties which has rarely been elobareted under Turkish law, as well as examining its sources and constituencies. It follows thereon with finalizing the conceptual framework by explaining relations between economic liberties and such basic concepts as determination of economic liberties and structure of related constitutional norms. The first section is eventually completed by elobarating on the regime under our constitutions regarding property rights that are deemed to fall under economic liberties and freeedom of contract, freedom to work and freedom to establish and enterprise with respect to our constitutions, taking into account the court decisions. In this section, the constitutional structure of such liberties are put forward within the framework of systematic relations. Mainly the Constitutional court?s decisions pertaining to the 1982 constitution have been taken into account. However, if required, Constitutional court?s decisions pertaining to the 1961 constitution are also studied. The route, revolution and evolution of Turkish judicial perception is thereby stated. Second part of the thesis has been dedicated to the examination of economic freedom and social state, public service and privatization notions. As would be acknowledged, there is an interaction between economic freedom and a state governed by the rule of law, democracy, regulatory authority of the administration, state interferences in the economy, central planning, competition, independent administrative authorities, etc. However, these three notions mentioned here have been selected as they have the characteristics to represent general structure, revolution and current circumstances of legal order through interactions with economic freedom. In this second part of the study, historical and theoretical aspects of each notion, normative evolution and norm structure has been investigated and details that one should pay attention have been highlighted. Moreover, interactions of each notion with economic freedom has been explained and their status in current law order and normative and transformer effects have been investigated. In addition, results of each notion with respect to individuals and economic freedom of individuals have been seperately evaluated. A special emphasis has been devoted on property rights; each subject has been seperately examined in details within this perspective. In the study, Constitutional court decisions have in advance been considered since the Court has the right to state what the Constitution is projecting. Also, atention is given on the tension between problems arising out of applications and Constitutional court?s understanding. Finally, various evaluations and suggestions regarding the problems in the field of legal applications with respect to those issues discussed in this study.