The basis of modern constitutionalism is the rule of law and the principles of separation of powe... more The basis of modern constitutionalism is the rule of law and the principles of separation of powers. The principle of the rule of law constructs a state that is bound by law andgrasped by law. In this context, the legislative, executive and judicial organs of the state are obliged to comply with the law, which is a supra-law concept, and not to act against the law. On the other hand, the fact that the legislative, executive and judiciary are in different hands and that the said forces control and balance each other is the main mission of the separation of powers and checks and balances system. The principle of the rule of law, in particular the separation of powers and the system of checks and balances, manifests itself in many constitutional areas. One of the areas where this self-disclosure is most in question is the regulatory authority of the executive. The regulatory authority of the executive is subject to the requirements of being lawful and not contrary to the law. Although the regulatory authority of the executive has emerged for similar historical reasons in different countries, some differences have emerged in the context of the regulatory authority of the executive in practice. Along with these differences, it is observed that these two conditions are violated from time to time in some countries and strengthened in some countries. In this context, it is important to consider the regulatory authority of the executive in terms of comparative law. We believe that it is also important to consider Germany, which has learned lessons from the grave events in its political history, has a deliberative society, and has systems that strike a good balance between contradictory legal situations, based on the aforementioned characteristics. Thus, in the context of comparative law, tracing the past and practice of the regulatory authority of the executive in Germany will be convenient in terms of answers to questions or problems about how this authority should be provided and how it should be used.
Salgın Dönemlerinde İnsan Hakları Sempozyumu Bildiriler Kitabı, 2022
Although old in idea, National Human Rights Institutions (NHRI) are new organizations in modern h... more Although old in idea, National Human Rights Institutions (NHRI) are new organizations in modern human rights understanding in terms of standardization and institutionalization. However, since the end of the 20th century, their importance has been increasing in the context of the protection and development of human rights. Although the starting point is based on the initiatives of the United Nations (UN), the European Union (EU) has contributed a lot to the standardization and development of NHRIs. In other words, the principles and standards accepted by the UN have been carried forward by the EU both in theory and in practice. However, the COVID-19 pandemic, which broke out towards the end of 2019, constituted an important turning point in the increasingly continuing development process. Likewise, COVID-19, which emerged in the city of Wuhan, the capital of the Hubei region of China, on December 1, 2019, turned into a terrible epidemic in a short time and infected more than 250 million people worldwide as of November 20, 2021, causing the death of more than 5 million people. Difficult times in world history have always brought with them strict measures: The COVID-19 pandemic has also brought strict measures, and in this context, governments have had to implement measures that will affect almost all areas of daily life, especially many human rights. The COVID-19 pandemic, which is called a crisis that affects the world, has affected many human rights as well as the NHRIs that are dedicated to protecting human rights. At this point, the activities and situation of the NHRIs within the EU, which can be considered successful in terms of protection and development of human rights, in such a difficult period gain more importance than in ordinary periods. In this context, the activities of the A status accredited NHRIs within the EU in the period of COVID-19 are discussed.
The basis of modern constitutionalism is the rule of law and the principles of separation of powe... more The basis of modern constitutionalism is the rule of law and the principles of separation of powers. The principle of the rule of law constructs a state that is bound by law andgrasped by law. In this context, the legislative, executive and judicial organs of the state are obliged to comply with the law, which is a supra-law concept, and not to act against the law. On the other hand, the fact that the legislative, executive and judiciary are in different hands and that the said forces control and balance each other is the main mission of the separation of powers and checks and balances system. The principle of the rule of law, in particular the separation of powers and the system of checks and balances, manifests itself in many constitutional areas. One of the areas where this self-disclosure is most in question is the regulatory authority of the executive. The regulatory authority of the executive is subject to the requirements of being lawful and not contrary to the law. Although the regulatory authority of the executive has emerged for similar historical reasons in different countries, some differences have emerged in the context of the regulatory authority of the executive in practice. Along with these differences, it is observed that these two conditions are violated from time to time in some countries and strengthened in some countries. In this context, it is important to consider the regulatory authority of the executive in terms of comparative law. We believe that it is also important to consider Germany, which has learned lessons from the grave events in its political history, has a deliberative society, and has systems that strike a good balance between contradictory legal situations, based on the aforementioned characteristics. Thus, in the context of comparative law, tracing the past and practice of the regulatory authority of the executive in Germany will be convenient in terms of answers to questions or problems about how this authority should be provided and how it should be used.
Salgın Dönemlerinde İnsan Hakları Sempozyumu Bildiriler Kitabı, 2022
Although old in idea, National Human Rights Institutions (NHRI) are new organizations in modern h... more Although old in idea, National Human Rights Institutions (NHRI) are new organizations in modern human rights understanding in terms of standardization and institutionalization. However, since the end of the 20th century, their importance has been increasing in the context of the protection and development of human rights. Although the starting point is based on the initiatives of the United Nations (UN), the European Union (EU) has contributed a lot to the standardization and development of NHRIs. In other words, the principles and standards accepted by the UN have been carried forward by the EU both in theory and in practice. However, the COVID-19 pandemic, which broke out towards the end of 2019, constituted an important turning point in the increasingly continuing development process. Likewise, COVID-19, which emerged in the city of Wuhan, the capital of the Hubei region of China, on December 1, 2019, turned into a terrible epidemic in a short time and infected more than 250 million people worldwide as of November 20, 2021, causing the death of more than 5 million people. Difficult times in world history have always brought with them strict measures: The COVID-19 pandemic has also brought strict measures, and in this context, governments have had to implement measures that will affect almost all areas of daily life, especially many human rights. The COVID-19 pandemic, which is called a crisis that affects the world, has affected many human rights as well as the NHRIs that are dedicated to protecting human rights. At this point, the activities and situation of the NHRIs within the EU, which can be considered successful in terms of protection and development of human rights, in such a difficult period gain more importance than in ordinary periods. In this context, the activities of the A status accredited NHRIs within the EU in the period of COVID-19 are discussed.
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