AN ANALYSIS OF THE STATE OF EMERGENCY AND OF PRESIDENTIAL DECREES ISSUED DURING THE STATE OF EMERGENCY AFTER THE KAHRAMANMARAŞ EARTHQUAKES WITHIN THE FRAMEWORK OF THE STATE OF LAW KAHRAMANMARAŞ DEPREMLERİ ARDINDAN YAŞANAN OHAL VE OHAL CBK’LERİNİN HUKUK DEVLETİ İLKESİ ÇERÇEVESİNDE BİR ANALİZİ


Acaray D., Özkaya Ö.

Memleket: Siyaset Ve Yonetim, vol.19, no.43, pp.571-598, 2024 (Scopus) identifier

  • Publication Type: Article / Article
  • Volume: 19 Issue: 43
  • Publication Date: 2024
  • Doi Number: 10.56524/msydergi.1541832
  • Journal Name: Memleket: Siyaset Ve Yonetim
  • Journal Indexes: Scopus
  • Page Numbers: pp.571-598
  • Keywords: Disaster, Earthquake, Presidential Decrees, State of Emergency, State of Law
  • Police Academy Affiliated: Yes

Abstract

Following the earthquakes that occurred in Kahramanmaraş on February 6, 2023 in Türkiye, a state of emergency period lasted for three months in 10 provinces affected. The aim of this study is understanding of causes and consequences of this period, in which the strengthening of the executive body emerged as a natural result, within the framework of the state of law principle. In this context, the Presidential Decrees issued during the state of emergency are legally evaluated. It was questioned to what extent these decrees restrict fundamental rights and freedoms as legal instruments that strengthen the executive, and to what extent they contribute to eliminating of the state of emergency and reestablishing disrupted public order.