Anayasa Mahkemesi, Resmi Gazete’nin sadece “lüzum görüldüğünde” basılı olarak yayımlanmasını ve meslek kuruluşları tarafından Resmi Gazete’de yayımlanmak üzere gönderilen yönetmelik, tebliğ ve diğer düzenleyici idari işlemlerin uygun görülmemesi halinde iadesini öngören cumhurbaşkanlığı kararnamesinin iptal istemini reddetti.
Resmi Gazete’de yer alan karara göre, CHP, 30479 sayılı Resmi Gazete’de yayımlanan Resmi Gazete Hakkında Cumhurbaşkanlığı Kararnamesi’nin 2 ve 6’ncı maddesindeki bazı hükümlerin anayasaya aykırı olduğu gerekçesiyle Anayasa Mahkemesine başvurdu.
Başvuruda, söz konusu kararnamenin 2’nci maddesinde Resmi Gazete’nin internet ortamında yayımlanmasının esas olduğunun belirtildiği, “lüzum görüldüğü takdirde” ifadesiyle de ihtiyaç duyulan sayıda basılarak yayımlanmasının hüküm altına alındığı belirtildi. Herkesi ilgilendiren konularda internetten erişimde yaşanabilecek teknik aksaklıklarda ve internet kullanıcısı olunmaması halinde Resmi Gazete’ye erişimin mümkün olmayacağı ileri sürülen başvuruda, ilgili maddenin iptali istendi.
İptali istenen 6’ncı maddede ise üniversiteler ile kamu kurumu niteliğindeki meslek kuruluşları tarafından Resmi Gazete’de yayımlanmak üzere gönderilen yönetmelik, tebliğ ve diğer düzenleyici idari işlemlerin, anayasa ve mevzuata uygunluğunun inceleneceğinin, uygun bulunmayan veya hukuka aykırılığı tespit edilen taslakların ise kuruma iadesine karar verilebileceğinin ifade edildiği belirtildi. Söz konusu maddeye ilişkin iptal isteminde, hukuka uygunluk yönünden cumhurbaşkanlığınca incelenmesinin yürütmenin yargı organının yerine geçerek, özerk kurumlar üzerinde yargısal denetim yetkisi kullanmasına neden olacağı ileri sürüldü.
Başvuruyu değerlendiren Anayasa Mahkemesi, her iki kuralın da anayasaya uygun olduğuna ve iptal istemlerinin reddine hükmetti.
Yüksek Mahkemenin kararında, kararnamenin 2’nci maddesiyle yürütme yetkisine sahip bir konunun düzenlendiği, anayasanın cumhurbaşkanlığı kararnamesiyle düzenlenmesi yasaklanan bölümlerinde yer alan temel haklar, kişi hakları ve ödevleriyle siyasi haklar ve ödevler ile ilgili herhangi bir düzenlemeyi de içermediği ifade edildi.
Anayasada Resmi Gazete’nin yayımına ilişkin usul ve esasların kanunla düzenleneceğine dair herhangi bir hüküm yer almadığı belirtilen kararda, Resmi Gazete’nin internet ortamındaki haline hukuki geçerlilik tanındığı ve basılı ortamda yayımlanmasının zorunlu tutulmadığı aktarıldı.
Resmi Gazete’nin her durumda internet ortamında yayımının öngörülmesinin gözetilerek hukuki belirlilik ve güvenlik ilkeleri çerçevesinde önem taşıyan konulardan biri olan erişilebilirliğin sağlandığının açık olduğu kaydedilen kararda, “Kuralla Resmi Gazete’nin basılı ortamda da yayımının yalnızca lüzum görüldüğü durum ile sınırlı tutulması suretiyle kamu kaynaklarından tasarruf edilmesi ve çevrenin korunması amaçlanmıştır. Bu yönüyle kuralın kamu yararı dışında başka bir amaç güttüğü söylenemez.” ifadesine yer verildi.
Anayasa Mahkemesinin, iptali istenen 6’ncı maddeye ilişkin tespitlerinde ise Resmi Gazete’de yayımlanması için gönderilen yönetmelik, tebliğ ve diğer düzenleyici idari işlemler hakkında yapılacak incelemeye ilişkin herhangi bir kanuni düzenlemenin varlığının tespit edilemediği, söz konusu kuralın kanunda açıkça düzenlenen bir konuya ilişkin olmadığı kaydedildi.
Kararda, dava konusu kuralda incelemeye ve iadeye konu işlemlerin neler olduğu ve hangi kurumlar tarafından gönderilenlerin bu kapsamda yer aldığı açıkça belirtildiği anlatıldı.
İptali istenen 6’ncı maddeyle ilgili düzenleyici işlemler üzerinde yapılacak incelemenin kapsamı, içeriği ve incelemeyi yapacak makamın belirtildiğine işaret edilerek, “Bu inceleme neticesinde Cumhurbaşkanı programı ile kalkınma plan ve programlarına uygun bulunmayan düzenleyici idari işlemlerin kurumuna iade edileceği hükme bağlanmak suretiyle kuralın sınırları çizilmiştir.” tespiti yapıldı.
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The native population of America declined after European arrival for varied reasons, primarily from illnesses corresponding to smallpox and measles. Over time, indigenous cultures in North America grew increasingly complicated, and some, such as the pre-Columbian Mississippian culture within the southeast, developed advanced agriculture, structure, and complicated societies. The city-state of Cahokia is the largest, most complicated pre-Columbian archaeological website within the modern-day United States.
For the past couple of months, Iâve been a busser at a pizza restaurant close to my home. It will not be the most glamorous job, nevertheless it pays all right, and, Iâll admit, Iâm in it for the money. The narratives created by anti-immigrant media plant the false concept that immigrants deliver nothing however crime and terrorism. Increased funding for the border and imposing laws like 287 empower anti-immigrant teams to vilify immigrants and promote a witch hunt that targets innocent individuals.
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Black Pioneers In Historical Past You Need To Positively Know
After quite a few makes an attempt, Douglass escaped from slavery in 1838, and finally settled in Massachusetts with his spouse, Anna Murray. Douglass next grew to become a frontrunner of the abolitionist motion and began an abolitionist newsletter, the North Star, which was later renamed to Frederick Douglassâ Paperin 1847. Wheatley married a free Black man, John Peters, in 1778, and handed away from childbirth problems in 1784. The influential work she created throughout her life is remembered as a catalyst for the abolition motion. Born Christopher George Latore Wallace, the rapper generally known as the Notorious B.I.G., or Biggie Smalls, was born in Brooklyn, New York, in 1972.
In addition to her highly effective novels which have garnered myriad accolades, Zora Neale Hurston is remembered as a key determine in the Harlem Renaissance. The inventive and intellectual explosion of 1920s New York produced quite a few well-known voices of which Hurston is one of the finest identified. Her most famous novel, âTheir Eyes Were Watching God,â was written in 1937 but didnât achieve literary fame until the Nineteen Seventies amid the Black Arts Movement. In 2019, Hurstonâs novel appeared on BBC Artsâ100 Most Influential Novels record. Jessie FausetAs the literary editor for ‘The Crisis,’ Jessie Fauset supported many new voices in the course of the Harlem Renaissance. James Weldon JohnsonJames Weldon Johnson was an early civil rights activist, a frontrunner of the NAACP, and a leading figure in the creation and improvement of the Harlem Renaissance.
In 2015, she was named in Time journal’s listing of one hundred Most Influential People. Coel has since gone on to write I May Destroy You,which tells the story of protagonist Arabella’s journey of navigating her life, including work and private relationships, after she is raped. As a sexual assault survivor, Coel used her personal experiences when she wrote the sequence. Harvard University graduate Amanda Gorman is currently one of the promising young poets on the earth. She was the first particular person to be named as a nationwide youth poet laureate of the United States in 2017, and has authored poetry collectionsThe Hill We Climb andThe One for Whom Food Is Not Enough. Before embarking on a profession as a performing artist, https://handmadewriting.com/ Ne-Yo, born Shaffer Smith, emerged onto the music scene through songwriting when he co-wrote Mario’s “Let Me Love You” with composer Kameron Houff in 2004.
In so doing, they joined many African Americans within the northward exodus that grew to become generally known as the Great Migration. Woodruff studied art at Harvard University and at the School of the Art Institute of Chicago, as properly as working in Paris, the place he embraced modern styles of portray. In addition, he studied with Mexican muralist Diego Rivera, whom he admired for the social justice themes he pursued in his artwork. BarthÃ© grew up in New Orleans and headed north with the assist of his household to pursue a creative schooling on the School of the Art Institute of Chicago , the place he studied portray. At the time, SAIC and the Pennsylvania Academy of the Fine Arts have been the two US art schools that admitted African American students. BarthÃ© discovered his expertise for sculpture in 1927, when he was introduced to the medium during a category project to create a portrait bust of a fellow scholar in clay .
But what occurs when you do not see your self represented in such stories? In this essay anthology edited by Book Riot columnist and librarian, Jessica P. Pryde, a quantity of Black writers and cultural critics discover the significance of Black love in storytelling. The Gilded Age works to provide Peggy âlittle moments of dignityâ by exhibiting her caught between two worlds.
Philip Pullman has said his daemon â a key concept in the His Dark http://asu.edu Materials collection â would be a raven.Another Oxford fantasy author, Philip Pullman studied English at Exeter College, Oxford, a degree that he struggled with and scraped a pass. Despite that have, he stayed in Oxford, and his subsequent writing is crammed along with his love for the city. Instead, she worked office jobs, writing in her spare time after which taking a yearâs sabbatical, supported by pals. The end outcome was the manuscript for To Kill a Mockingbird, revealed in 1960. When Sayers launched a female result in the Lord Peter Wimsey collection, that character, Harriet Vane, was launched as a graduate of a fictional Oxford womenâs school, Shrewsbury College.
Men and girls who made a constructive contribution to the world â within the fields of politics, literature, music, activism and spirituality. Given the title âFirst Lady of the Blues.â Billie Holiday was broadly thought-about to be the greatest and most expressive jazz singer of all time. Despite dying on the age of solely forty four, Billie Holiday helped outline the jazz period and her recordings are nonetheless extensively sold right now. Thurgood Marshall (1908 â 1993) US civil rights lawyer and the primary African-American appointed to the US Supreme Court Justice. Marshall was the lead lawyer within the pivotal Supreme Court Case Brown vs Board of Education, Topeka which overturned legal segregation in the US. Frederick Douglass (1818 â 1895) A former slave, Douglass turned a leading figurehead in the anti-slavery movement.
Still, it wasnât until she was deep into the third book of her second trilogy that direct monetary support from her readers enabled Jemisin to stop her job as a psychologist. K. Jemisin draws on her education and work in psychology to liven up her characters. Was an American writer, screenwriter, actress, dancer, poet, and civil rights activist. She made historical past with her nonfiction guide I Know Why the Caged Bird Sings. It included an autobiographical piece authored by Maya Angelou, Graduation. It conveys what it was like to achieve training through the times of racial segregation as a black individual.
It was used to forget concerning the financial realities that they faced in their every day lives even if it was only for one evening. Their fast paced dances, such as the Lindy Hop, have been a far distinction from what many Americans had been used to seeing. Thus folks of all colours had been intrigued and loved dances carried out by African Americans at places such because the Savoy Ballroom.
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