IDEAS home Printed from https://ideas.repec.org/a/sos/sosjrn/190411.html
   My bibliography  Save this article

The Main Rules Subjecting the “Proportionality” in Turkish Jurisprudence (An Historical Overview from the Ottoman Time to Present)

Author

Listed:
  • Onur UÇAR
  • Ahmet Burçin YERELİ

Abstract

This study aims to conduct analysis on some important aspects of the principle of proportionality, which has essential importance for legislative and executive bodies as well as for national and international law. It also plays an essential role in determining compliance with the law of legal arrangements and/or practices based on these legal arrangements to take hold in the system that has been transferred from the Ottoman Empire to the present. In order to understand in depth how the principle of proportionality has been executed from past to present, the archives of higher judicial bodies have been analyzed sentence by sentence and the literature has been reviewed. Accordingly, certain regulations that form the basis of proportionality either by being existing in the roots of the Turkish law or by integration from outside are brought to the reader’s attention along with their effects on daily practice.

Suggested Citation

  • Onur UÇAR & Ahmet Burçin YERELİ, 2019. "The Main Rules Subjecting the “Proportionality” in Turkish Jurisprudence (An Historical Overview from the Ottoman Time to Present)," Sosyoekonomi Journal, Sosyoekonomi Society, issue 27(42).
    • Handle: RePEc:sos:sosjrn:190411
    as

    Download full text from publisher

    File URL: http://dergipark.gov.tr/download/article-file/833034
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Onur Uçar & Ahmet Burçin Yereli, 2017. "Economic regulation by judiciary during the Ottoman Era: samples from Istanbul courts between 17th And 18th centuries," International Journal of Economic Policy in Emerging Economies, Inderscience Enterprises Ltd, vol. 10(1), pages 109-115.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.

      More about this item

      Keywords

      Proportionality; Turkish Jurisprudence; Ottoman Era; Ottoman Code of Civil Law; Constitution; Constitutional Court; State Council.;
      All these keywords.

      JEL classification:

      • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
      • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law
      • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
      • K38 - Law and Economics - - Other Substantive Areas of Law - - - Human Rights Law; Gender Law; Animal Rights Law
      • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

      Statistics

      Access and download statistics

      Corrections

      All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:sos:sosjrn:190411. See general information about how to correct material in RePEc.

      If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

      If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

      If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

      For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Aysen Sivrikaya (email available below). General contact details of provider: http://www.sosyoekonomijournal.org/home.html .

      Please note that corrections may take a couple of weeks to filter through the various RePEc services.

      IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.