Abstract:

Human rights are rights that exist before the State, and when the State guarantee is provided to them, they are called "found rights". Despite the great importance of the guarantee of fundamental rights and freedoms in the world today, the uncontrolled and excessive use of fundamental rights and freedoms by the fundamental rights holder may conflict with the public interest and the rights of other fundamental rights holders. Therefore, limitations are set to the use of fundamental rights. When the Constitution provides restrictions on fundamental rights, there will be a natural tension between the individual’s desire for freedom and the needs of social life within the state. These requirements include respect for the freedom spheres of other fundamental rights holders and the protection of the interests and legal values of the state. The principle of measurement will enter into force.