AN ANALYSIS REGARDING RELATION BETWEEN 1982 CONSTITUTION AND HUMAN RIGHTS
1982 ANAYASASI VE İNSAN HAKLARI İLİŞKİSİ ÜZERİNE BİR ANALİZ

Author : Gökhan AK - - Mete Kaan KAYNAR
Number of pages : 90-103

Abstract

The rights in the 1982 Constitution are mentioned under the headings such as “Basic Rights and Assignments”, “Social and Economic Rights and Assignments” and “Political Rights and Assignments”. Human rights, however, as sourcing from dignity and worth of being a human could be defined as universal moral principles which all human beings have whether those rights are recognized them or not. The main aim of this research is to analyze 1982 Constitution in the context of human rights by exploring main philosophical debates regarding human rights and constitutions. To realize this goal, we will at first try to define human rights in line with the ‘rights’ concept. Then, we will try to explore the relation between the concepts of human rights and constitution while recounting deeply on the philosophical fundamentals of human rights. In the second part of the research, the relation between 1982 Constitution and human rights will be analyzied in the framework and regard of ‘state philosophy of the Constitution’, basic rights and liberties and their status in the Constitution.

Keywords

Constitutionalism, 1982 Constitution, Human Rights, Rights and Assignments

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