The concept of "A quo that the law or the decree having the force of law to be applied" in contention of unconstitutionality in the Turkish Constitutionality review

This study focuses on concrete Contention of Unconstitutionality in constitutionality review, which arguably is one of the most effective mean to check the constitutionality of a decision, in the Turkish constitutional system. First, the study outlines the means through which the constitutionality of a decision is evaluated. After that, Contention of Unconstitutionality is explained and elaborated on. Particularly, this study examines the problematic notion of "a quo that the law or the decree having the force of law to be applied" within the legal boundaries of concrete norm control mechanism, which occurred as a result of the juridical decisions of the Constitutional Court. Hence, this study examines the concrete constitutionality review from theoretical approach, by critically analyzing the extent to which its applications in tribunals are sound. The aim is to provide a more precise concrete definition of "a quo that the law or the decree having the force of law to be applied" which combines both the decisions of The Constitutional Court and the theoretical accounts.