International Conference on Eurasian Economies
11-13 June 2019 – Famagusta, Turkish Republic of Northern Cyprus
Paper properties
Paper ID : 2275
Status : Paper published
Language : Turkish
Topic : Law
Presenter: Prof. Dr. Ebru Karaman
Session : 3C Hukuk
Principle of Laicity in Turkish and French Constitutions
Türk ve Fransız Anayasalarında Laiklik İlkesi
- Prof. Dr. Ebru Karaman (Istanbul Beykent University, Türkiye)
Abstract
To be assumed as a truly democratic state of law; the state should not make law according to a religion and not have a religion-based structure. Turkey and France are two countries different from others being in the discussions on secularism examining the relationship between religion and state. Because the laicity is one of the foundations of the regime and takes part in the legal system as a constitutional principle. In the first chapter the provisions on laicity in the Turkish Constitutions before the date 1982 and in the Turkish Constitution dated 1982 are going to be explained then the discussions in Turkey are going to be evaluated according to the Turkish Constitutional Court's approach to the principle of laicity. In the second part the provisions on the principle of laicity in the French Constitution dated 1958 are going to be explained, afterwards the discussions on laicity in France is going to take place. State and religion relations continue to be relevant a subject. That is why it still gives form to Turkish political life. The freedom of religion and the separation of religious and state relations are the requirements of the laic state. For a state these includes not to have an official religion, be impartial to all the religion and to treat equal to all the believers to different religions, to distinguish the religious institutions and state institutions and not to have an accordance between the rules of and the rules of religion.
JEL codes:
Karaman, Ebru (2019). "Principle of Laicity in Turkish and French Constitutions" in Proceedings of International Conference of Eurasian Economies 2019, pp.343-351, Famagusta, Turkish Republic of Northern Cyprus.
DOI: https://doi.org/10.36880/C11.02275
