The Impacts of the Right to Environment on the Property Right and Freedom to Private Enterprise in Turkey


Uz A.

AMME IDARESI DERGISI, cilt.41, ss.99-124, 2008 (SSCI İndekslerine Giren Dergi) identifier identifier

  • Cilt numarası: 41 Konu: 3
  • Basım Tarihi: 2008
  • Dergi Adı: AMME IDARESI DERGISI
  • Sayfa Sayısı: ss.99-124

Özet

The ongoing theoretical debates on the relationship between human rights and environmental protection indicate that there may be some conflict between the right to the environment and other human rights. In this context, the due practice of the right to the environment may necessitate the imposition of some restrictions on certain human rights, such as right to property, the right to work and establish enterprise. For instance, the 1982 Turkish Constitution stipulates that everyone has the right to own property; this right may be limited by law in view of public interest and exercising the right to own property shall not be in contravention of public interest. Nevertheless, it is also stated that everyone has the freedom to work and conclude contracts in the field of his/her choice, the establishment of private enterprise is free. This study attempts to evaluate the interrelationship between these two rights and the effects of the right to the environment on the right to property and the right to work and the right to establish private enterprise.