Master'sOpen Access

Boundary of inspection of accordence to constitution in Turkish Constitutional Law

2011
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Advisor: Yrd. Doç. Dr. Bülent Yavuz

Abstract (EN)

Constitutions are legal texts organizing the fundamental foundation and functions of the state and individuals basic right and freedoms. Therefore, the functioning of all state organs must be in harmony with constitution.Since authorities sourced from public power is divided and distributed based on separation of powers principles in State governed by Rule of Law, power of government is restrained and limited. Separation of powers is among the most effective methods ensuring limitation of political power in a State governed by Rule Law. Based on an organic and functional separation between powers of legislation, execution and adjudication, this principle is a system where limitation of sovereignty is accepted as a must. Therefore, legislative organs entitled to set the general rules among state organs must also act in harmony with the constitutions like other state organs. However, the legislative organ can, for some reasons, set norms conflicting with the constitutions .Constitutional judgment are established in order to review the compliance of such norms with the constitution.Determining boundary of constitutional jurisdiction is an important matter in itself. Yet fine line between democracy and constitutional state is passing on constitutional jurisdiction.Turkish Constitutional Jurisdiction in Turkish Law were examined in this study. Study consists of three sections. The first section generally focuses on constitutional jurisdiction and the Turkish Constitutional Jurisdiction. The second section focuses constitutional jurisdiction within the framework of separation of powers principle. In The third section, Constitutional jurisdiction within the framework of Turkish Positive Law were examined.

Author

Davut Özyurt

How to Cite

Davut Özyurt (Master Thesis). Boundary of inspection of accordence to constitution in Turkish Constitutional Law, 2011, Gazi University.

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