Conditions for Imposing Intimidation of Rights and Freedom With an Emphasis on Intimidation in The Name of Public Order

The principle of intimidation of rights and public freedom is definite with concepts such as public order, since collective life is dependent to restricting rights and freedom. Since despotism and absolute elimination of rights and freedom is indecent and obscene, it is not possible to have definite and non-restricted freedom and it would be the start of despotism. Public Order, is one of the titles intimidating freedom and rights which has had certain functions in various fields and alongside titles such as public security, ethics or public health, which restrict the scope of man’s freedom. But it is worth to mention that this intimidation - although unavoidable- should not be unconstrained and there is a need for framework.
In this article we seek to review the conditions of imposing restrictions with a focus on public order -which is one of the key titles of intimidations used by power holders and governments, as well as being referred to in human rights literature especially in judgments of authorities such as the European Court of Human Rights. Meanwhile in addition to the principle of Ability of Intimidation, we aim to explore rules such as Rule of Law, Principle of Necessity, Principle of Proportionality, Principle of Democratic Society, Judicial Control, and having a legitimate goal.