NATIONAL SECURITY SHORT IN LIMITATION OF PRESS FREEDOM IN PREVIOUS CONSTITUTIONS BEFORE 1982 CONSTITUTION
The freedom of the press, which is a form of freedom of expression, which is considered as indispensable to the fundamental rights of the individual and democracy, has been restricted due to the fact that it is secured in international treaties and constitutions and on the other hand it is not absol...
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| Formato: | article |
| Lenguaje: | DE EN FR TR |
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Fırat University
2019
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| Acceso en línea: | https://doaj.org/article/1808d99582304631958bae5fc5a5015e |
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| Sumario: | The freedom of the press, which is a form of freedom of expression, which is considered as indispensable to the fundamental rights of the individual and democracy, has been restricted due to the fact that it is secured in international treaties and constitutions and on the other hand it is not absolute and unlimited. One of the reasons for the limitation of press freedom in the European Convention on Human Rights and in the constitutional texts of our time is national security, which is a general and abstract concept. The concept of national security, which was used in the field of law for the first time with the 1961 Constitution, was transformed into a limitation measure for fundamental rights and freedoms by the 1971 amendments and the first form of the 1982 Constitution adopted the concept as a limitation in its nine articles. National security, a concept which is difficult to define in terms of legal aspect, is one of the reasons of the restriction of fundamental rights and freedoms in the constitutional texts of our age. However, this restriction is not explicitly mentioned in the constitutions in the early days. The first constitutional amendment on freedom of the press found its place in the Constitution of 1876 in Turkish Law System. There are no regulations for freedom of the press since the reasons for limiting fundamental rights and freedoms are not accepted until the 1961 Constitution. As a reason for limitation before the 1961 Constitution, national security has been included in the laws. Although it is not a constitutional restriction until the 1961 Constitution, Press Law No. 1864, the Press Law of 1909, the Law of Takrir-i Sükun dated 1925, the Turkish Penal Code of 1926, the Law on the Press in 1931 and the Press Law of 1950 have given freedom to national security as one of the reasons for restricting the press. In this study, based on the constitutions up to the 1982 Constitution, the national security limit used in limiting the freedom of press in the relevant legislation will be examined and thus, the present day light will be tried to be kept. |
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