Anayasalarımızda Yer alan İktisadi Hükümlerin Hukuki Çerçevesi
Journal: Necmettin Erbakan Üniversitesi Hukuk Fakültesi Dergisi (Necmettin Erbakan University Faculty of Law Review) (Vol.2, No. 2)Publication Date: 2019-12-31
Abstract
Turkey experienced constitutional developments in the 19th century from the Ottoman period and the constitutions included certain economic provisions. The constitutional economic doctrine, which was put forward with the impasse of the welfare state doctrine in the 1970s, argued that constitutions should contain economic provisions that limit political powers. The Turkish constitutions have also seen the existence of such arrangements. In this study, the legal adventure of the provisions related to social state principle, property rights, tax duty and budget/planning in Turkish constitutions is examined and we try to show how these are affected by the 1929 World Economic Crisis and the crisis of welfare state in 1970s. Although the provisions in the Turkish constitutions are considered to be fairly equitable, some additions have been proposed in regards to taxation and borrowing. Accordingly, it was stated that the constitutional limitation of tax amnesties would serve tax justice. It was concluded that the constitutional limitation of public borrowing is important in respecting the rights of future generations.
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