Jurisprudential sanction and influence of Turkish constitutional courts decisions given as a result of norm controlling

ABSTRACT The subject of our study is, Jurisprudential Sanction And influence Of Turkish Constitutional Court's Decisions Given As A Result Of Norm Controlling, in this scope, Turkish Constitutional Court's decision sorts, which have been formed while checking a law* s appropriation to Constitution during norm controlling, have been examined with great care. These decisions' influences and sanction power, particularly have been examined within the relations between the court and people, legislative, executive and judicial organs. The countries which have accepted judicial review in constitutional law like Turkey, Austria, Germany and italy, have established a specialist, expert high court, out of the general judicial system, in order to execute this judicial review function, in these countries, Constitutional Courts' decisions which have been formed during the judicial review process, have important jurisprudencial effects and sanctions, in our country Constitutional Court had been set up in 1961 by the 1961 Constitution. Since this date, Turkish Constitutional Court had always tried to protect the principle of " Supremacy And Binding Force Of Constitution " which has been written in article 1 1 of present constitution. The basis of our thesis is, the decision sorts of Constitutional Court and also jurisprudential effects and sanction power of these decisions, which have all formed during the judicial review process. Particularly, the annulment decision has some great and important effects on the legislative, executive and judicial organs and individuals. Annulment decision can cause a new situation. These organs' and individuals' attitudes can change according to the decisions of Constitutional Court, especially the anuulment decision. The retroactive effect of annulment decisions, postponement of the annulment decision's to become effective for one year, the necessity of reason in the decisions, the unfair profits gained during the postponement duration, all, can lessen the effect and sanction power of the annulment decision. Also, parliament's attitude to form a law which is same as the old law that is annuled, can lessen the effect and VIsanction power of the annulment decision. Constitutional Court's other decision sorts can cause important constitutional influences too. vu