Türkiye Adalet Akademisi Dergisi

Yazarlar: Ümit GÜVEYİ

Konular:Hukuk

Anahtar Kelimeler:Freedom of the rostrum,Academic staff,Freedom of science and art,Freedom of expression,Right to teach,1982 Constitution,Constitutional bounds.

Özet: Liberal thought accepts that freedoms existed before the state. With the same standpoint, since the human being has established the state, a freedom does not need to be accepted by the state for exist. Freedom mentions human actions and allows its subject to behave or not to behave in a particular way. In this respect it can be said that there are many freedoms as much as the number of human actions. Freedom which does not need any positive law regulation for its existence provides stronger legal protection to its subject by finding place in positive law. This situation is also valid for the freedom which is called “freedom of the rostrum” in the paper. The freedom of the rostrum can be defined as the freedom of expression of the academic staff working at the universities during lecture. In the context of cultural development and social progress the importance of the mission undertaken by the university education is obvious. The value of the freedom of the rostrum also arises from this mission. In the paper by the expression of “freedom of the rostrum” a new terminology proposal is submitted to the doctrine. This attempt free from the effort to create a new freedom has the aim of an emphasis on the constitutional value of an already existing area of freedom. Freedom of the rostrum is concreted by 1982 Constitution Article 27 as “right to teach”. The freedom of the rostrum cannot be restricted by law within the scope of Article 13. However the freedom of the rostrum has various constitutional limits.

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