ACCEPTABILITY OF JUDICIAL REVIEW IN DEMOCRACY WITHIN THE CONTEXT OF HUMAN RIGHTS (İnsan Hakları Bağlamında Demokraside Yargı Denetiminin Kabul Edilebilirliği)

Abstract

Human rights globally become an inarguable virtue and it requires the conviction that all human beings are born free and equal in dignity. According to the current dominant paradigm, the protection of human rights is one of the most important obligations of the state. In both national and international level, courts are primarily equipped to protect human rights in any circumstances. On the other hand, democracy representing by the elected parliaments traditionally means decisions by the majority. These two important merits, democracy or parliaments and human rights or courts, interact with each other. Usually the relationship between them is based on the fact that they support each other. However, over the years it is observed that there can be conflicts between them. In this case, the absolute power of majority and the rights of individuals or minorities in democracy may come into collision with each other. At this point the controversial question whether there is a rational and practical reason to give decision-making power to unelected judges rather than to democratic majority or not come to light. This essay focuses on the acceptability of judicial review in democracy and the sufficiency of democratic perspective of human rights