A priori constitutional review of laws: Is it necessary in Turkey?

In constitutional jurisdiction, the time of review is a distinctive criterion as well as different models and methods. Decisions made at the end of the review are attributed to different results in according to the time of the review. At this point, the review is classically classified into two types as a priori and a posteriori review. This dual classification is based on the fact that the review takes place before or after the promulgation of the relevant codes subject to judicial review. A priori and a posteriori constitutional review have several advantages and disadvantages caused by the timewise line on which their classification is based. As far as practice is concerned, it is seen that both review types are usually not applied alone and are applied together at different intensity levels. Considering the end of the French exception, there is no longer a contemporary example of a system that a priori review is applied alone. The intention of co-implementation of both review types, taking into consideration the mutual advantages and disadvantages, is to minimize the problematic areas of the constitutional review. The Turkish Constitutional Jurisdiction is characterized by the rejection of a priori constitutional review, except for some unsuccessful attempts. The absolute application of a posteriori constitutional review and the prohibition of the retrospectivity of annulment decisions give cause to the discussion about the Turkish Constitutional Court's authority on the issue of stay of execution and the non-existence. The review of international treaties, of the constitutional amendments subject to referendum and of the laws that are out of effect by coming into force, are the prominent issues calling for a solution in Turkish Constitutional Review. In this study, a priori constitutional review will be examined in detail on examples of the countries where it is applied. Then, it will be examined if a priori constitutional review can be a solution to the various issues in need of it in Turkish Constitutional Review and finally, an a priori constitutional review model for Turkish Constitutional Review will be theoretically formed and offered.