土耳其司法机关对法律规则的解释形式对大学教育自由的影响

Yavuz Güloğlu
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引用次数: 0

摘要

良心和信仰的自由可以定义为人们在没有政治权力和其他人通过法律和其他手段强制的情况下希望相信的自由。可以被接受为良心和信仰自由的自然延伸的宗教信仰是自由地按照人们所信仰的宗教及其仪式的要求去做。虽然限制信仰自由是不可能和有效的,但今天,在一些司法制度中,对信仰自由有一些限制。随着世俗主义原则的确立,这一原则甚至没有被提出改变,在土耳其宪法中,在实施受宪法保护的教育权时,对导致侵犯信仰和崇拜自由的行政行为作出了一些不同的决定。在本研究中,将研究行政管辖权的不相容决定对实施与《基本法》所保障的大学学生受教育权有关的行政管理的影响,特别是近十年来对教育自由的影响。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Effects of Judical Bodies’ Interpretation Forms Of Legal Rules in Turkey on the Education Freedom in Universities
The freedom of conscience and belief can be defined as the freedom of people in what they wish to believe without the compulsion of political power and other people by means of laws and other means. The belief of religion that can be accepted as the natural extension of the freedom of conscience and belief is to be free in doing the requirements of the religion that the people believe in with its rituals. While it is not possible and effective to make restrictions in freedom of belief, today, there are some restrictions in some judical systems in freedom of worship. With the principle of secularism which is settled among the principles that the alteration of which are not even be proposed, there have been some different decisions about the administrative acts that cause the violation of belief and worship freedom in the implementation of the right of education which is secured with Constitutional Law in Turkish Constitution. In this study, the effects of the incompatible decisions of administrative jurisdiction about the implementations of the administration related to the education right of students at universities, which is secured by the Fundemental Law, on the freedom of education, especially for the last ten years, will be examined.
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