Temel Bir İnsan Hakkı Olan Adil Yargılamanın Unsuru Olarak Gerekçeli Karar Hakkı

Abstract

Fundamental human rights and freedoms are a historical legal legacy which firstly takes place in the intellectual purview, then in constitutions and lastly in international contracts. Today, the determination of certain living standards, that each and every person has in an autonomous structure, is possible by the recognition of rights and freedoms in the legal order. On the other hand, rights and freedoms are frequently exposed to various violations in the social structure of intricate relationships. The jurisdiction, which is one of the most fundamental powers of the state and serves to resolve legal disputes, is the sole authority protecting the rights and freedoms of individuals. The execution of the proceedings under equal conditions for the parties and within the framework of certain rights constitutes a fair trial, which is a basic human right. Fair trial, which is a basic human right, requires each individual's final court decision to be justified. Within the framework of the case law developed by the European Court of Human Rights, the reasoned decision is recognized as a right as a fundamental element of fair trial. In this thesis, the important function of the right of reasoned decision is underlined in the notion of fundamental rights and freedoms. In this context, it is emphasized that the reasoned decision is the ultimate point, reached in the legal order under the name of fundamental rights and freedoms.