Kolluk Yetkilerinin Kullanımında Ölçülülük İlkesi

Abstract

The administration, which is responsible for maintaining social life in a safe, peaceful and healthy manner; in other words, for ensuring public order, fulfills this duty through law enforcement activities. Law enforcement activities that serve to protect public order, prevent its deterioration or restore public order when it has been disrupted may have an impact on individuals living in society. As a result of living in society, this effect has the nature of limitation and requires interference with the fundamental rights and freedoms of individuals. However, it is not possible for the intervention of the administration in the fundamental rights and freedoms of individuals to be unlimited, even if it is for the purpose of ensuring public order. Therefore, there are certain limits to which the administration is subject while exercising its law enforcement powers. One of these limits is the principle of proportionality. The principle of proportionality indicates that the administration, which is in a strong position vis-à-vis the individual, should be balanced in its activities and that a balance should be maintained in the individual-state relationship. The administration has the obligation to act in accordance with the principle of proportionality by observing this balance while carrying out law enforcement activities. Within the scope of this study, law enforcement activities are analyzed in terms of the principle of proportionality and the place of the principle of proportionality in the limitation of fundamental rights and freedoms in our law is evaluated. With this evaluation, it aims to examine the limits of the principle of proportionality of the intervention to fundamental rights and freedoms while exercising law enforcement powers and the nature of these limits in ordinary and extraordinary situations.