Constitutional jurisdiction

The judicial review of the laws according to the constitution, called as constitutional jurisdiction, is the most reliable method for the protection of the constitution that is the concrete form of basic rights and liberties and which is also found at the top of the hierarchy of norms.Constitutional jurisdiction has come into being through a consensus on basic principles like rule of law, democracy and separation of powers. The change in the meaning of these concepts has called for its emergence.The judicial review of the laws according to the constitution are of two kinds depending on the procedure of the application made to the judicial authority. These are the annulment action and the contention of unconstitutionality.During the course of a lawsuit if one of the sides claims that the provisions to be applied for the settlement of the conflict are contrary to the provisions of the constitution which have a higher rank in the hierarchy of norms or if the court in charge considers ipso facto the relevant provisions as against the constitution then the issue is conveyed to the Constitutional Court. This is the the contention of unconstitutionality.This type of judicial review is at the same time a procedure to solve a precursory matter which awaits for a solution for the settlement of the issue.The method ?contention of unconstitutionality? has both superior and inferior aspects when compared with the annulment action. The application of both types of review simultaneously will be useful for overcoming the possible deficiencies. Thus the implementation in our country may serve as a model.As a result of the ?contention of unconstitutionality?, Constitutional Court takes some decisions. Constitutional Court may either annul the provision in case it finds it contrary to the constitution or if it considers that the application is not pertinent it may refuse the application that demands the annulment of the provision.The Decisions taken by the Constitutional Court are decisive.These are binding on legislative, executive and judicial organs as well as on administrative organs, legal and real persons. In addition to this, the annulment of the provisions are not retrospective.