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An unknown in the exercise of the right to assembly and demonstration: spontaneous and urgent actions

Title	An unknown in the exercise of the right to assembly and demonstration: spontaneous and urgent actions
Author	Duygun, Ahmet Mert
Publication Date:	2014
Publication Place	- Legal Publishing
Subject	Right to assembly and demonstration, Immediate response, Spontaneous demonstration, Immediate action, Right to assembly demonsrate, Immediate response, Spontaneous demonstration, Immediate action
Type	Periodical
Language	Turkish
Digital	Yes
Manuscript	No
Library:	Özyeğin University
Library Asset ID	2147-1061
Record ID	ae997295-360c-4f2b-808e-bbb33556e887
Date	2014
Sample Text	One of the most discussed issues regarding the right to assembly and demonstration is the question of whether meetings and demonstrations are subject to permission/notification obligations. This question becomes especially meaningful in terms of spontaneous meetings and demonstration marches that develop suddenly regarding an event. As a matter of fact, this discussion brings with it problems in terms of the organizers, venue and time of the meeting and demonstration march. In comparative law, the attitude taken by legislators not to regulate this type of meeting and demonstration in laws has changed after the decisions taken by the judicial bodies. For Türkiye, the situation is unclear in the context of positive law. However, recently, some local courts and the Supreme Court have made decisions protecting the right to spontaneous meetings and demonstrations. This brings back to the agenda the obligation of the legislator to provide legal basis for these meetings and demonstrations., One of the most debated issues about the right to assembly and demonstrate is the question of whether the exercise of this right is contingent upon the fulfillment of the precondition of obtaining permission or the obligation of notification. Addressing this question becomes meaningful especially in the context of spontaneous demonstrations that arise as sudden reactions against a social or political development. Hence, this discussion brings along issues as to the organizers, place and time of assembly and demonstration. Following several significant judicial decisions, the approach adopted by the law-maker, which is not to regulate the right to spontaneous demonstration, has changed in comparative law. Nevertheless, the legal status of this right in Turkish positive law is unclear. Notwithstanding that, there have been recent decisions of local courts and the Court of Appeal which are in favor of protection of the right to assembly and spontaneously demonstrate. This revives the duty of the legislature to create a legal basis for such assemblies and demonstrations.
Cilt	3

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Özyeğin University

An unknown in the exercise of the right to assembly and demonstration: spontaneous and urgent actions

Author Duygun, Ahmet Mert

Publication Date 2014

Publication Place - Legal Publishing

Subject Right to assembly and demonstration, Immediate response, Spontaneous demonstration, Immediate action, Right to assembly demonsrate, Immediate response, Spontaneous demonstration, Immediate action

Type Periodical

Language Turkish

Digital Yes

Manuscript No

Library Özyeğin University

Library Asset ID 2147-1061

Record ID ae997295-360c-4f2b-808e-bbb33556e887

Date 2014

Sample Text One of the most discussed issues regarding the right to assembly and demonstration is the question of whether meetings and demonstrations are subject to permission/notification obligations. This question becomes especially meaningful in terms of spontaneous meetings and demonstration marches that develop suddenly regarding an event. As a matter of fact, this discussion brings with it problems in terms of the organizers, venue and time of the meeting and demonstration march. In comparative law, the attitude taken by legislators not to regulate this type of meeting and demonstration in laws has changed after the decisions taken by the judicial bodies. For Türkiye, the situation is unclear in the context of positive law. However, recently, some local courts and the Supreme Court have made decisions protecting the right to spontaneous meetings and demonstrations. This brings back to the agenda the obligation of the legislator to provide legal basis for these meetings and demonstrations., One of the most debated issues about the right to assembly and demonstrate is the question of whether the exercise of this right is contingent upon the fulfillment of the precondition of obtaining permission or the obligation of notification. Addressing this question becomes meaningful especially in the context of spontaneous demonstrations that arise as sudden reactions against a social or political development. Hence, this discussion brings along issues as to the organizers, place and time of assembly and demonstration. Following several significant judicial decisions, the approach adopted by the law-maker, which is not to regulate the right to spontaneous demonstration, has changed in comparative law. Nevertheless, the legal status of this right in Turkish positive law is unclear. Notwithstanding that, there have been recent decisions of local courts and the Court of Appeal which are in favor of protection of the right to assembly and spontaneously demonstrate. This revives the duty of the legislature to create a legal basis for such assemblies and demonstrations.

Cilt 3