Master'sOpen Access

The sanction to be "Null and void" in the judgments of Turkish constitutional court

2019
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Advisor: Yrd. Doç. Dr. Peri Uran Murphy

Abstract (EN)

This thesis aims to elucidate the "sanction of null and void" under the light of Constitutional Court judgments and the general principles of constitutional law. In the constitution, there is no such provision that the Constitutional Court can give a judgment about a statute that it is null and void. From the time of its establishment to the present day, Constitutional Court gave no such judgment stating that a statute is null and void. In some judgments, the Court discusses the legal situation whether it is "null and void", in other judgments, it states that in some cases, the Court can declare a statute "null and void", but in the present case there is no room for such, finally in other judgments, the Court specifies in which cases it can declare a statute is null and void. One should take the "null and void" sanction into account in terms of constitutional law and constitutional review rather than administrative law and administrative judicial review. These kind of evaluations would be both more realistic and more functioning in terms of constitutional review. Finally, this thesis aims to assess the Constitutional Court judgments regarding the term "null and void" and review the literature on it.

Author

Dr. Ercan Poyraz

How to Cite

Ercan Poyraz (Master Thesis). The sanction to be "Null and void" in the judgments of Turkish constitutional court, 2019, Yalova University.

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