Property Right in the 1982 Constitution As a Social Right

Property Right in the 1982 Constitution As a Social Right

DEMİRCİ, Fatih

Property right is often referred to for defining political regimes. Therefore to study property right in the 1982 Constitution is crucial for analyzing the Turkish political structure. Property right in the 1982 Constitution stands within the Article 35. This article consists of three clauses. The first two clauses may often exist in any democratic constitution but the third clause has a very interesting and peculiar feature. Because the first two clauses say that everyone has right to own and inherit property and this right may be limited by law only in view of public interest. But the third clause says that exercise of the right to own property shall not be in contravention of the public interest. This third clause is objectionable in two reasons. First; this clause ordains the citizens an impossible thing. Because it is impossible for people to use their properties always in favor of public interest. If this article said that property right could not be used against the public interest, it could be acceptable and reasonable. But this clause as written in the constitution puts an impossible obligation but the law cannot order any obligation on the citizens. Secondly; the limit of property in liberal democracies may be in line with the public interest and this limit can be defined only by law. Using the property right in favor of public interest is merely a matter of people‘s choice. However this article literally obliges people to use their property in favor of public interest. This is not appropriate for liberal democracies.

Conference or Workshop Item
PeerReviewed

2010-06

170