Özet:

Political parties, which are an indispensable and vital element of democratic systems, have played an important role in the implementation of representative democracy, as well as in the implementation of the principle of “multibility” which is the fundamental character of contemporary democracy. In Turkey, political parties restricted by a number of prohibitions by the Constitution and the laws have faced closing cases due to the violation of the respective borders and the result of these cases has been repeatedly imposed closing sanctions on the parties concerned. The reasons for the closure of the political party in our law are clearly listed in our Constitution. These include various criticisms in the political party closure decisions given due to the principle of "undivided integrity of the state and the nation" that the Constitutional Court applies the principle very rigorously. The European Court of Human Rights has also issued various violations in connection with the closing decisions made by the Constitutional Court. The Constitutional Court should, on the one hand, take care of the preservation of the principle of integrity and, on the other hand, observe the implementation of democratic principles. In this context, freedom of expression and freedom of organization are both the fundamental rights protected under the 1982 Constitution and the European Convention on Human Rights.

Anahtar Kelimeler: