Kolluk yetkisinin anayasal sınırları
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Date
2009
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Publisher
Sosyal Bilimler Enstitüsü
Abstract
Administrative police force, through the medium of the activities that it engages in order to provide and safeguard the public order, controls the attitudes and behaviours of the individuals and the society and intervines the fundamental rights and freedoms under the existance of the neccessary circumstances. While using this authority, administrative police force should carefully keep the balance between the protection of the public order and the preservation of the fundemantal rights and freedoms.In this study, the compatibility of the preventive authorization of the police force, that is defined in PSVK and that results in restriction of fundamental rights and freedoms of the individuals, to the principles on the restriction of fundamental rights and freedoms laid down in our Constitution in force is evaluated.The study consists of three .main parts. In the first part, the concepts of the administrative police and public order as the objective of administrative police; chairs and personnel of the administrative police; police force which is the main focus of the study and the preventive authorization of the police force are analyzed in general terms.In the second part, the administrative authorization of the police force that results from PSVK and results in the intervention of fundamental rights and freedoms takes place. In this framework, the authorization of the police to stop indiviuals and ask them their identities, take finger print and photograph, enter in closed places, arrest preventively is examined.In the third part, the compatibility of the regulations, that take place in PSVK and give the police force the opportunity to intervine the fundamental rights and freedoms, to the principles on the restriction of fundamental rights and freedoms laid down in our Constitution in force is evaluated in the light of the doctrine and the court decisions.
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Keywords
Anayasaya uygunluk, Kolluk yetkisi