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Membership of Constitutional Court

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2008
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Abstract (EN)

Idea of constitutionality of statute review first began with Marbury. Madison landmark case in U.S.A on 1803. Initiated constitutionality review in USA also effected European countries and conduced to nativity of constitutional jurisdiction. Constitutional activities initiated in Turkey with Reorganizations and Reforms Period in Ottoman Empire, light the way for the evolvement of constitutional jurisdiction in Turkey. As accepted the first written Constitution in Turkey the ?Basic Law?, 1921 Constitution before establishment of Republic, 1924 Constitution of new Republic, 1961 and our present 1982 Constitution are the ones Turkey possessed.However, constitutional jurisdiction idea in Turkey found itself completely in 1961 Constitution. By 1961 Constitution, a court reviewing the constitutionality statute had been established under the name of Constitutional Court counted along with other higher courts.The reason I considered the Membership of Constitutional Court was the curiosity for the particularities of the members taking effectual role on the works and decisions in a Constitutional Court taking substantial decisions regardingfuture of the country. Because Constitutional Court come into being with the existence of those members. Their signatures and names take place in their decisions. Consequently the members should be qualified jurists. Solid protection of state of law in future is directly proportional with the qualification those members.İn a system where the legislature provide legal arrangements the democratic principles and secular principle may be disregarded. On these cases the constitutionality of statute review and being evaluated in assignment area of Constitutional Court are rather appropriate.

Author

Aslı Nacar

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Aslı Nacar (Master Thesis). Membership of Constitutional Court, 2008, Çankaya University.

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