Master'sOpen Access

Examination of the individual applications to the Turkish Constitutional Court in terms of admissibiltiy

2018
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Advisor: Prof. Dr. Hasan Tunç

Abstract (EN)

In this study; 'individual application mechanism' which inserted in the Constitution of the Republic of Turkey with the 12 September 2010 constitutional amendment is generally introduced, admissibility criteria are particularly analyzed and opinions on the doctrine are examined. Besides the verdicts that given by Turkish Constitutinal Court in 2018 are perused. Foundations of this study created with; relevant constitution articles, admissibility criteria, Turkey Constutional Court Bylaw, and the Law no.6216(Law about the Setting up of Constitutinal Court and Its Judicial Procedure) which contains main regulations about the subject. First part of the study discourses the concept of individual application, function of individual application, individual application mechanism at comparative law, application procedure, examine of the application at the Constitutional Court and which decisions can be given by the Constitutional Court on individual application. Second part of the study touches upon the admissibility criteria regards to the procedural law, which are; application period, Constitutional Court's jurisdiction in terms of ratione personae, ratione temporis, ratione loci and exhaustion of remedies. Last part of the study consists of research into admissibility criteria regards to substantive law, which are; distinctly deprivation of argument, lack of significant damage, constitutionally unimportance of application and abuse of the right of application.

Author

Dr. Mustafa Ermayası

How to Cite

Mustafa Ermayası (Master Thesis). Examination of the individual applications to the Turkish Constitutional Court in terms of admissibiltiy, 2018, Hasan Kalyoncu University.

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