Constitutional Law and Violence

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The need to protection from violence is used primarily in the state construction. Traditionally the violence appears as one of the distinctive features of constitutional moments. The Constitutions also contain the emergency clauses. Furthermore, the state as being the sole power which has the monopoly of violence possesses the sovereignty. The essential objective of the constitutionalism is the control of the governmental actions. Hence the constitution tends to control the illegal state violence as well. Principally, constitutional law does not regulate explicitly the violence between individuals except below-mentioned dispositions. However, the state having positive obligations with regard to eliminate the violence in the social and economic sphere is not except from constitutional responsibilities in this respect. In other words, the dispositions relating to “social state”, “principal duties of state” and certain fundamental rights are the implicit constitutional basis for the protection from violence.

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Constitution , violence , sovereignty , constitutionalism , emergency , fundamental rights , positive obligations , personal autonomy

Hukuk Araştırmaları Dergisi

80

Hukuk Araştırmaları Dergisi