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- Title
AVRUPA İNSAN HAKLARI SÖZLEŞMESİ VE AVRUPA İNSAN HAKLARI MAHKEMESİ KARARLARINDA SUÇ VE CEZADA KANUNİLİK İLKESİ.
- Authors
ÇAĞATAY, Mustafa
- Abstract
One of the most basic requirements of the rule of law is that the principle of legality should prevails in all actions and transactions of the state. The principle of legality appears as the principle of legality of crimes and punishments in the field of criminal law. The principle of legality of crimes and punishments is regulated in Article 7 of the European Convention on Human Rights (ECHR) that Turkey is also a party. The ECHR is a part of our domestic law in accordance with Article 90 of the Constitution. Decisions of the European Court of Human Rights (ECHR), which Turkey has accepted under its compulsory jurisdiction, have an important role in making the said principle dominate the life of the society and the State and create a guarantee for individuals. Through individual application to the Constitutional Court, which entered our legal system with the Constitutional amendment made in 2010, the importance and impact of the ECHR decisions has increased enormously. In this study, the place of the principle of legality of crime and punishment in the ECHR and the meaning and sub-elements of the principle have been tried to be examined within the framework of ECHR judgements.
- Publication
Kırıkkale University Journal of Social Sciences, 2022, Vol 12, Issue 1, p77
- ISSN
2146-2879
- Publication type
Article