The Effects of Judical Bodies’ Interpretation Forms Of Legal Rules in Turkey on the Education Freedom in Universities

Yavuz GÜLOGLU
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Abstract


The freedom of conscience and belief can be defined as the freedom of people in what they wish to believe without the compulsion of political power and other people by means of laws and other means. The belief of religion that can be accepted as the natural extension of the freedom of conscience and belief is to be free in doing the requirements of the religion that the people believe in with its rituals. While it is not possible and effective to make restrictions in freedom of belief, today, there are some restrictions in some judical systems in freedom of worship. With the principle of secularism which is settled among the principles that the alteration of which are not even be proposed, there have been some different decisions about the administrative acts that cause the violation of belief and worship freedom in the implementation of the right of education which is secured with Constitutional Law in Turkish Constitution. In this study, the effects of the incompatible decisions of administrative jurisdiction about the implementations of the administration related to the education right of students at universities, which is secured by the Fundemental Law, on the freedom of education, especially for the last ten years, will be examined.

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References


Algan, B., & Algan, M. (2013). Education right and visibility of private education services to the private enrollment procedures in the context of freedom, Gazi University Law Faculty Journal C. XVII, Y. 2013.

Çelik, A. (2015). Education in the judgments of the European court of human rights, TJAJ, Year: 6, Issue: 20 (January 2015), p.280.

ECHR. (2008). European court of human rights, 04.12.2008, Dorgu V, FRA, Nr 27058/05.

ECHR. 2005. European court of human rights, 10.11.2005, Şahin V. TUR, Nr. 44774/98, prg. 78.

Erdoğan, M. (2000). Religion freedom in the 1982 constitution, Liberal Thought, Issue: 18, Spring 2000, pp.109-117.

Erdoğan, M. (2004). Constitutional law, 5th Edition, Orion Publisher, p.188, 228.

Göze, A. (1976). Social state system, IULF Publications, Istanbul, p.140-141.

Gözler, K. (2009). Administrative law, Volume 1, Bursa: Ekin Publishing. p.116-117.

Günday, M. (2002). Administrative law, Ankara, Imaj Publications, p.36

Limoncuoğlu S. A. (2008). The legal dimension of the turban issue will the constitutional amendment become a solution? Journal of the Turkish Bar Association, Issue: 75, p. 138-163.

Özbudun, E. (2004). Turkish constitution Law, Yetkin Publishing, Ankara, p.78.

Özkul, F. (2014). Secularism in our constitutions, Ankara Bar Association Journal, 2014/4, p.273-310.

UNESCO. 1974. Recommendation concerning Education for International Understanding, Co-operation and Peace and Education relating to Human Rights and Fundamental Freedoms,19 November 1974. Retrieved November 20, 2016 from http://portal.unesco.org/en/ev.php-URL_ID=12024&URL_DO=DO_TOPIC&URL_SECTION=201.html


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