Master'sOpen Access

Cancellation case in 1982 Turkish Constitution

2011
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Advisor: Prof. Dr. Hasan Tunç

Abstract (EN)

The constitutional review of the laws has been exercised in USA since 1803. In Europe, on the other hand, the spread of constitutional judicial system took place after World War II. With the spread of the constitutional courts in Europe, the constitutional review of the laws has been the backbone of the states of law. Nowadays, the primary duty of the constitutional judicial system is the preservation of the constitutional order by protecting the rights of the individual against the legal acts of judicial organs. Authority of the constitutional jurisdiction has been given to a private court founded for a specific purpose. Action that is directly brought against this court with the claim that norms, from the aspect of form and case, are not in accordance with the Constitution is named Cancellation Case. Cancellation Case belongs to the President, the Government and the opposition party and one-fifth of the members of Turkish National Grand Assembly. The scope of the audit for consistency with the Constitutional Law, implemented by the Constitutional Court consists of the laws, the Private Statues of the Grand National Assembly of Turkey, and the modifications of the Constitutional Law limited with the format. The audit of a law, or the other norms indicated in the Constitutional Law in the sence of substantiality consists of the audit for their consistency with the Constitutional Law. The audit in the sense of format means whether the norm which is being investigated for its consistency with the Constitutional Law is in compliance with the terms and provisions indicated in Constitutional Law and the Private Statues of the Grand National Assembly of Turkey. The verdicts of the Constitutional Court are certain and must be obeyed. The verdicts are implemented with revealing on the national newspaper. Key Words: Constitutional Law, Constitutional Jurisdiction, Constitutional Court, Cancellation Case, The Verdicts of the Constitutional Court

Author

Dr. Ayşe Çakırca

How to Cite

Ayşe Çakırca (Master Thesis). Cancellation case in 1982 Turkish Constitution, 2011, Gazi University.

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