Suchergebnisse

In his article, the author asks how legitimacy of law and the concept of rules of law can be described taking into account the interaction between aspects of philosophy and sociology as well as the will of the state in states' constitutions. As the rule of law, versus other kinds of rules in our society, should be regarded as a rule of "three-dimensionality" " an interaction between the will of the state, the social, historical, and economic factors, and the idea or concept of justice ", the author focuses his interest on the examination of these three factors always taking into account that law is the will of the state, but that not every decision of the state can be considered as law.

Ülkemizin demokratikleşme süreci ivme kazanırken Ombudsmanlık-Kamu Denetçiliği mantık ve ruhunun kurumsallaşması gerekliliğinin bilinci çağcıl aydınların ve de özellikle çağcıl hukukçuların zihnindeydi. İdarenin eylem ve işlemlerinin, tutum ve davranışlarının yargı organının pozitif hukuka dayalı denetleme operasyonu üstünde adalete, hakkaniyete uygunluğunun değerlendirilmesi kamu vicdanının, vicdanların tatmini anlamına gelmektedir.

Dans la jeune République turque qui n"a pas adopté le sécularisme anglais, mais plutôt le système de laïcité française comme modèle, il faut se poser aujourd"hui la question des évolutions respectives de ces systèmes. À l"heure du centenaire de la laïcité française, de la loi de 2004 encadrant le port de signes ostentatoires à l"école, nous souhaitons envisager l"histoire de la laïcité et son application actuelle en France afin de mieux comprendre, critiquer et éventuellement adapter ce système à la Turquie qui se prépare pour son entrée dans l"Union européenne. ; In the young Turkish Republic which has rather adopted the French system of laicism as a model instead of the English secularism it is now necessary to evaluate the evolution of each of these systems. At the time of the centenary of the French laicism and the law of 2004, covering the ostentatious display of religious symbols at schools, the author looks into the history of laicism and its application in France so as to make it more understandable but also to criticise the system. He further analyses whether this system can be adapted to the Turkish Republic which is preparing to become a Member of the European Union.

In his article, the author asks how legitimacy of law and the concept of rules of law can be described taking into account the interaction between aspects of philosophy and sociology as well as the will of the state in states' constitutions. As the rule of law, versus other kinds of rules in our society, should be regarded as a rule of "three-dimensionality" - an interaction between the will of the state, the social, historical, and economic factors, and the idea or concept of justice -, the author focuses his interest on the examination of these three factors always taking into account that law is the will of the state, but that not every decision of the state can be considered as law.

In the young Turkish Republic which has rather adopted the French system of laicism as a model instead of the English secularism it is now necessary to evaluate the evolution of each of these systems. At the time of the centenary of the French laicism and the law of 2004, covering the ostentatious display of religious symbols at schools, the author looks into the history of laicism and its application in France so as to make it more understandable but also to criticise the system. He further analyses whether this system can be adapted to the Turkish Republic which is preparing to become a Member of the European Union.