LAST VOLUME : Amme İdaresi Dergisi
NO : 4
RELEASE DATE : 2024-12-24
Human dignity constitutes the basic dynamic of human rights. Human rights, on the other hand, primarily refer to linking the structural conditions of state powers to authority and influence with a rights-based approach. This is where the rule of law comes into play. The fact that the rule of law aims to protect human dignity, both in form and in material terms, reveals the importance of the concept. Because in this way, it is obligatory for the legislature to take into account the basic motivation of the rule of law and human dignity, especially in enacting laws, which is the way the legislature establishes law. Only in this way can a quality law be deduced. The Constitutional Court plays an important role in determining the quality of the law. So, how does the Constitutional Court apply the quality of the law, in other words, the legality test, in its rights-based interpretation? With this perspective, our study examines the principle of legality, which is one of the most important criteria of the Constitutional Court's legality review, taking into account the case law of the European Court of Human Rights (ECHR).
ARTICLES
An Examination on the Application of Legality Criteria in the Jurisprudence of the Constitutional Court
Human dignity constitutes the basic dynamic of human rights. Human rights, on the other hand, primarily refer to linking the structural conditions of state powers to authority and influence with a rights-based approach. This is where the rule of law comes into play. The fact that the rule of law aims to protect human dignity, both in form and in material terms, reveals the importance of the concept. Because in this way, it is obligatory for the legislature to take into account the basic motivation of the rule of law and human dignity, especially in enacting laws, which is the way the legislature establishes law. Only in this way can a quality law be deduced. The Constitutional Court plays an important role in determining the quality of the law. So, how does the Constitutional Court apply the quality of the law, in other words, the legality test, in its rights-based interpretation? With this perspective, our study examines the principle of legality, which is one of the most important criteria of the Constitutional Court's legality review, taking into account the case law of the European Court of Human Rights (ECHR).
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Authors: Ömer KESKİNSOY, Semih Batur KAYA, Hande Seher DEMİR
Page Number : 1-34
Keywords : İ n s a n H a k l a r ı , H a k T e m e l l i H u k u k , H u k u k D e v l e t i , K a n u n i l i k Ö l ç ü t ü , A n a y a s a M a h k e m e s i
A Discussion on the Notion of Unutilized Spaces: The Case of Maraş in Cyprus
The notion of ‘’space’’ has been associated with different meanings during different times in the course of history, sometimes representing an abstract structure, standing, some other time, for a concrete one. A piece of space can have a sense only in association with human beings. Several explanations have been put forward to explain the notion of space, but what this paper aims to discuss is how we should construct, or how the construct should be of, the notional framework of unutilized spaces where people do not live in, those they have abandoned or have been forced to abandon. This study attempts to redefine the notion of space in association with spaces people no more use for the purposes of residence or production. During this time, the war-torn pieces of land and premises located in the buffer zone turned into, and still are, unutilized spaces, standing lifeless in ruins where no human activity is performed. These spaces, sometimes a village or a church or a foundation in some cases, are usually controversial spaces in respect of property rights. The area of Maraş that has remained unutilized to-date on the grounds of political reasons can be given as an example of such a space. The study results have also revealed that the interviewers had different images about Maraş. In conclusion, a new need for conceptualization other than the ones available in the literature has arisen. Thus the study has introduced, out of this need, the notion of ‘’Imaginational Space’’, based on the imagination of spaces “that may be used again one day”. The subject of space can be reproduced, and continue to live on, in the minds of people as “Imaginational spaces” also without the control of the triad of human-state-capital.
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Authors: Deniz İŞÇİOĞLU
Page Number : 35-48
Keywords : M e k â n , M a r a ş , K u z e y K ı b r ı s , H a y a l M e k â n
Modern-Secular Transformation of Morality in John Locke’s Political Philosophy
A profound connection exists between the Enlightenment philosopher John Locke's perspective on politics, religion, morality, and the concept of secularism. Locke’s insights in these domains continue to hold relevance particularly in relation to secularization, while also serving as a point of departure for diverse interpretations of his philosophy. Within this framework, two distinct approaches to interpreting Locke emerge. On one hand, there lies the interpretation of George Kateb, who regards the religious elements and the religious language found in Locke's works as secondary. Kateb, consequently, evaluates these texts from a secular standpoint. On the other hand, we have the perspective of Micah Schwartzman, who places a special emphasis on this religious language, and regards this theologically rooted discourse as one fundamental element for societal consensus. This study aims to conduct a comparative analysis of these two interpretations in the works of Locke, ultimately demonstrating that Locke, despite employing religious terminology in his works, has indeed forged an exceptionally original and secular conception of morality. Locke's vision encompasses a secularized moral framework that upholds individual autonomy while relegating matters of religiosity to the private realm, even though his philosophy is rooted in theological origins. As a result, Locke effectively carves out a political space where individuals can fully experience their autonomy, a hallmark of his modern and original contribution to philosophy.
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Authors: Hüseyin Ekrem ULUS
Page Number : 49-72
Keywords : L o c k e , M o r a l i t e , D i n , S e k ü l e r A h l a k , H o ş g ö r ü , S e k ü l e r i z m
Political and Ideological Appearances of the 9 March Movement in the Light of the Draft of ‘Revolution Constitution’
March 12 is a date that is frequently emphasized as the beginning of a ‘quasi-military’ period. However, the attention paid to March 12, 1971 is not shown to March 9, 1971 in the literature. In Fact, it is known that there was another attempted military intervention before March 12, which made the coup on March 12 unpostponable. The historical meaning of March 12, which can also be interpreted as a ‘coup within a coup’, can be clarified when considered together with its political and ideological opposite. In this sense, the article problematizes the political and ideological character of the March 9 movement in order to shed light on March 9. Within the scope of the March 9th organization, it is seen that various plans were made that would shape the post-coup period. Even, these preparations materialized in the form of a draft constitution. The article aims to analyze the characteristics of March 9 in the light of the document called ‘Revolution Constitution’, that is partially out of focus among the few studies on March 9th too. In this respect, it discusses the political and ideological appearances of the March 9 movement and the theoretical underpinnings of these appearances within the framework of the data embodied in the draft constitution. Relying on the argument that the draft constitution reflects a Lassallean perspective, the article goes beyond a classical document analysis and takes into account the background of the draft. Based on the assumption that the Lassalle-Marx opposition can be functional to achieve the aim of the article, the discussions are placed on the axis of the Lassallism-Marxism opposition. In an effort to position the March 9 movement, the First International process is referred to. Consequently, when viewed in the light of the draft constitution, a characteristic close to Lassallean socialism is apparent in the March 9 movement.
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Authors: Meriç TOKMAK
Page Number : 97-130
Keywords : 9 M a r t 1 9 7 1 , 1 2 M a r t 1 9 7 1 , A s k e r i D a r b e G i r i ş i m i , D e v r i m A n a y a s a s ı T a s l a ğ ı , L a s a l c ı l ı k - M a r k s i z m K a r ş ı t l ı ğ ı
The Problem of Border Security and Measures Taken by the Central Government according to the Reports of the First General Inspectorate (1927-1938)
The Republic of Türkiye has adopted a centralisied state model. The central government was the dominant power in exercising authority, making decisions and directing the people. However, after the outbreak of the Sheikh Sait Rebellion, it was felt necessary to understand the expectations of the people in order to ensure public security. For this reason, the General Inspectorate system was established in 1927, expanded over time and took place in Turkish Political Life until 1952. The First General Inspectorate was established in the Southeast of Turkey, centred in Diyarbakır, and focused on public order and security. He inspectors regularly conveyed the problems, solution suggestions, intelligence information, and public order reports they identified in the region to the central administration, and became the voice of the region. An important part of these reports are about the security of border areas. In the reports, the discord experienceon both sides of the border regions, the negligence of the officials, the theft of animals, the work of harmful societies were explained in detail. In this context, the political, social and economic analysis of these reports is valuable in terms of understanding the path Turkey has followed in its domestic and foreign policy. The measures taken or not taken by the central government against the reports reaching the center will enable a better analysis of the position of the people of the region and the country. The study has been prepared by making use of archival sources, memories, newspapers and printed works of the period.
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Authors: Sadiye TUTSAK, Caner YÜCE
Page Number : 131-162
Keywords : S ı n ı r , U m u m m ü f e t t i ş l i k , R a p o r , A s a y i ş , T e d b i r
The Paradox of Between Women's Cooperatives and Cooperative Principles in Turkey
The purpose of this study is to determine whether the activities of women's cooperatives in Turkey are based on cooperative principles. The main aim of such an examination is to discuss the impact of cooperative principles on the success of the women's cooperative movement. To this end, firstly, the principles of cooperativism and what these principles mean have been discussed, and a general evaluation has been made of women's cooperatives in Turkey. Subsequently, the methodology of the study and the sample profile are explained, and the findings are presented. In-depth interviews were conducted with 70 women members/employees from 20 women's cooperatives engaged in entrepreneurship, production, and operation, using the qualitative research method of semi-structured interview. While the cooperatives in Turkey are seen to fully fulfill their responsibilities towards the community, education and training, and information dissemination, it has been observed that the principles of democratic control, autonomy, and members' economic participation are not fully understood or applied by the members. The deficiencies of women's cooperatives in Turkey in terms of implementing the principles of cooperatives weaken the positive effects of cooperatives on women's empowerment and cause women to continue their dependence in terms of participation in economic and decision-making processes.
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Authors: Aslı ŞAHANKAYA ADAR, Saniye DEDEOĞLU, Güneş KURTULUŞ
Page Number : 163-196
Keywords : K o o p e r a t i f ç i l i k i l k e l e r i , K a d ı n k o o p e r a t i f l e r i , S ü r d ü r ü l e b i l i r l i k
From Loud Men to Listening Women: An Examination of the Perceived Views of Women Managers in the Public Sector
‘Mansplaining’, which also occurs in everyday life, is associated with some behaviours that silence women, such as interrupting, correcting the statement, not listening to the speech, not giving the right to speak, based on prejudices about competence and knowledge in business life. Although there is no consensus on the direct causes of these behaviours towards women, it is known that there are biological, psychological and social influences on the factors that support these behaviours. The first aim of this study is to define mansplaining behaviour, the existence of which is supported by a limited amount of research and examples of which can be seen in social life, and to assess the different reasons for this behaviour that men use towards women. The second aim of the study is to explore how this phenomenon is perceived and its potential impact by female managers who have been exposed to or witnessed mansplaining, and the possible reasons why female managers who have not experienced mansplaining do not encounter this behaviour. In this context, the study used a phenomenological design, one of the qualitative research methods. The data were collected through semi-structured interviews with female managers working in the public sector, selected through criterion sampling, which is a type of purposive sampling. The study found that mansplaining can find a more comfortable and easier area of application in some sectors, while it is difficult to apply in areas that require advanced or special expertise and have a difficult professional training process.
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Authors: Gülbahar TÜRKMENOĞLU
Page Number : 73-96
Keywords : M a n s p l a i n i n g , C i n s i y e t r o l ü , K a d ı n y ö n e t i c i , K a m u s e k t ö r ü