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Contemporary Approaches in Humanities

Edited By Hasan Arslan, Mehmet Ali Içbay, Günther Löschnigg and Rasim Yilmaz

This book presents a collection of papers written by researchers, teachers, administrators, analysts and graduate students working and doing research in the field of social sciences. The scientific studies include a wide range of topics from the analysis of social science textbooks to the teacher image in newspapers, the relationship between self-efficacy and cognitive level and the role of organizational silence on the loneliness of academics in work life.

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The Right to Free Elections in Terms of the European Court of Human Rights and Turkish Constitutional Law (Fatmagül Kale Özçelik)

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Fatmagül Kale Özçelik*

The Right to Free Elections in Terms of the European Court of Human Rights and Turkish Constitutional Law

Introduction

The 1950 European Convention on Human Rights (ECHR) has a unique importance in international human rights law with its effective protection mechanism that it envisaged. Undoubtedly, this importance stems from the dynamic interpretation of the rights which were covered by the Convention and the respect shown to the necessary rights through case law by the European Court of Human Rights (ECtHR) which operates under the Convention. However this respect shown to the rights with case law has not yet been realised for the right to free elections regulated in the Additional Protocol to the Convention. One reason is the inability of the convention-makers to have a common conclusion on the right from the very beginning in preparatory studies. Therefore, the right to free elections is regulated in Article 3 of the Additional Protocol No. 1 to the European Convention on Human Rights. Another reason and perhaps as a result of the first reason, is due to the formation of the regulation of Article 3. Since the wording style of the article brings the obligation of the state to the forefront, rather than an emphasis on individual rights, the Court emphasises in its decisions that the states have broad discretion concerning the scope of this right. Nevertheless, the right to free elections is one of the most important...

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