Master'sOpen Access

Democratic function of constitutional courts and Turkish Constitutional Court

2012
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Advisor: Yrd. Doç. Dr. Yaşar Metin Özdemir

Abstract (EN)

Constitutional court is carried out that control of constitutionality of laws, available in most countries around the world which have adopted a democratic regime is. Although the role of constitutional court accept that rendered democracy works by preventing arbitrary government, on the legislature, which is a reflection of the will of the people, in terms of giving the impression that a committee formed by assigning questioned for democratic legitimacy.At this point, decisions of the constitutional court that exhibit a different perspective to the legislature, lead to more questioning of the legitimacy of this court.In the first chapter of the study, the conception of the constitutional jurisdiction, worldwide proliferation of the constitutional courts and impulses of this circumstance, the idea of restricted government within the historical process in Turkey and the status at the Turkish constitution with the establishment of the constitutional courts were researched.In the second chapter, especially democratic legitimacy of the Turkish constitutional courts was evaluated with discussing the court?s decisions that were given.In the third chapter, the application areas of the constitutional courts? role at the point of functioning of democracy were reviewed and assessed.As a conclusion this study evaluated generally the role of constitutional courts in democracies and especially the critics directed to democratic legitimacy.Keywords: Constitutional Court, Democracy, Constitutional Control

Author

Dr. İnci Çoban İnce

How to Cite

İnci Çoban İnce (Master Thesis). Democratic function of constitutional courts and Turkish Constitutional Court, 2012, Dokuz Eylül University.

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