Member composition of the constitutional court of the Republic Of Türkiye in the light of comparative examples and opinions from Turkish Constitutional law doctrinne
2023
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Advisor: Prof. Dr. Erdal Onar
Abstract (EN)
Constitutional Courts are frequently discussed and debated in the world of law and politics. Their core existence is inherent with their members, their opinions, and decisions. Just like other Constitutional Courts, the Constitutional Court of the Republic of Türkiye is a significant constitutional organ that attracts attention in the legal and political community of the Türkiye and is extensively studied in various academic works. This thesis is primarily focused on the composition of the Court, a topic that often comes into the fore during every constitutional amendment debates. The objective of this thesis is to examine the composition of the Court within the context of quotas of different institutions and organs by utilizing examples from comparative law as well as proposals for constitutional amendments in Türkiye and the doctrine of Turkish Constitutional Law. Ultimately, the main aim is to propose a new composition. In the first part, the appearance and types of Constitutional Judiciary, systems of determining members of Constitutional Judiciary organs, and main examples from comparative law, particularly the composition of European Model Constitutional Judiciary organs will be examined. The second part will focus on the history and composition of the Turkish Constitutional Court from its establishment to the present day, cardinal institutional proposals for restructuring the Court regarding its composition, and prevailing views in the Turkish Constitutional Law doctrine by categorizing them into three main part. As a result, the conclusion part will involve an overview of the what has been revealed and our justified composition proposal. Keywords: Constitutional Court of the Republic of Turkey, Constitutional Courts in Europe, Comparative Constitutional Judiciary, Composition of the Turkish Constitutional Court, Turkish Constitutional Law Doctrine.
Author
Dr. Barkın Özyurt
How to Cite
Barkın Özyurt (Master Thesis). Member composition of the constitutional court of the Republic Of Türkiye in the light of comparative examples and opinions from Turkish Constitutional law doctrinne, 2023, Bilkent University.
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