Abstract:

The concept of national security, which was a general reason for restriction until the constitutional amendments made in order to comply with the ECHR in 2001 and became a special reason for restriction since these amendments, has been expressed many times in the decisions of the Constitutional Court. The phenomenon of national security, which has become a special reason for restriction in the Constitution, which is not in question in terms of all rights, and which is regulated only in the provisions related to the relevant rights, is discussed in this study in the light of the Constitutional Court decisions together with the constitutional regulations. In addition to the individual application decisions that the Constitutional Court has started to issue since 2012, its decisions on norm control have been scanned, especially those that deal with the phenomenon of national security among the decisions it has made in accordance with the provisions of the 1982 Constitution were included in the study. The constitutional regulation before the 2001 amendment and the provisions after it were evaluated in line with the reflections of the Constitutional Court decisions, and the effect of national security on the obligations of the state in terms of protection and realization of fundamental rights and freedoms as a reason for restriction was analyzed, taking into account the balance of freedom and security. However; the decisions of the Constitutional Court regarding national security during the 2-year state of emergency between 2016 and 2018 were also included in the study, and it was aimed to contribute to the literature in the field of General Public Law and Human Rights and create resources.

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