Master'sOpen Access

The effects and the results of concrete norm control of the Constitutional Court on administrative jurisdiction

2011
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Advisor: Yrd. Doç. Dr. N. Münci Çakmak

Abstract (EN)

The scope of the audit by the means of appeal implemented by Constitutional Court consists of the laws and decree laws. The audit by the means of appeal is being implemented by devolving the problem of incompliance with the constitutional law to the Constitutional Court by the court which?s dealing with the suit. In accordance with the Constitutional Law of 1982, the objections may be made by courts, not the parties of the case. The objections of the audit by the means of appeal may be aroused under any conditions and at every phase of the case. If a court which is trying a case finds that the law or the decree having force of law to be applied is unconstitutional, or if it is convinced of the seriousness of a claim of unconstitutionality submitted by one of the parties, it shall postpone the consideration of the case until the Constitutional Court decides on this issue. If the court is not convinced of the seriousness of the claim of unconstitutionality, such a claim together with the main judgement shall be decided upon by the competent authority of appeal. The Constitutional Court shall decide on the matter and make public its judgement within five months of receiving the contention. If no decision is reached within this period, the trial court shall conclude the case under existing legal provisions. In our judicial system, there are more than one type of judicial. Administrative justice has got some characteristic concepts. So, the audit by the means of appeal have to be suit administrative justice?s concepts

Author

Emine Ferdane Pandır

How to Cite

Emine Ferdane Pandır (Master Thesis). The effects and the results of concrete norm control of the Constitutional Court on administrative jurisdiction, 2011, Gazi University.

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