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Research on Cultural Studies

Edited By Mehmet Ali Icbay, Hasan Arslan and Francesco Sidoti

This book is a collection of papers written by researchers, lawyers, administrators, analysts and graduate students working and doing research in the field of law, communication and arts. The topics include women rights in Turkey, witness statement as evidence in Turkish law, legal regulations about organ or tissue trafficking, the new social movements in Turkey, humorous discourse on social media or the traditional country fairs in Turkey.

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The Principle of Proportionality in Terms of Expropriation

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Introduction

Compliance with the principle of proportionality, which is one of the key concepts in constitutional and administrative judicial review, is a constitutional directive in terms of making adjustments that comply with the goal of the restrictive rule. The principle of proportionality, which was placed in the 13th article of the Constitution as the overall limiting boundary as part of the 2001 amendment is important because of the assurance it poses in the limits on the right to property. Expropriation, the most common form of intervention on the property rights is an administrative process set out in the Article 46 of the Constitution and the Expropriation Law Act 2942. The expropriation process ends the right to private property in real estate. However, the securities of property rights guarantees a fair trial process and a process that will allow the payment of true compensation for the immovable. In this study, it is discussed whether the expropriation practices which were shaped by the Supreme Court decisions in Turkey comply with the principle of proportionality in the framework of the Constitutional Court and the European Court of Human Rights (ECHR) decisions. This report consists of four main sections and a conclusion.

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