Master'sOpen Access

Inadmissibility based on the merits in the individual application to the Turkish Constitutional Court

2018
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Advisor: Doç. Dr. Mehmet Ali Zengin

Abstract (EN)

Even if an individual application meets all the formal admissibility conditions, the Constitutional Court may nevertheless declare it inadmissible for reasons relating to the examination on the merits. Paragraph (2) of Article 48 of Law no.6216 with the side heading of "The conditions and evaluation of admissibility of individual applications" is as follows: "The Court can decide that applications which bear no importance as to the application and interpretation of the Constitution or regarding the definition of the borders of basic rights and freedoms and whereby the applicant has incurred no significant damages and the applications that areexpressly bereft of any grounds are inadmissible". According to paragraph (2) of Article 48 of the Code numbered 6216, the Constitutional Court can decide on the inadmissibility of applications are manifestly ill-founded. The Constitutional Court also can decide on the inadmissibility of applications which lacks of constitutional and personal importance. In this study, inadmissibility based on the merits that is referred from paragraph (2) of Article 48 of Law no. 6216 shall be examined in light of the decisions of the Constitutional Court.

Author

Halil İbrahim Dursun

How to Cite

Halil İbrahim Dursun (Master Thesis). Inadmissibility based on the merits in the individual application to the Turkish Constitutional Court, 2018, Ankara Yıldırım Beyazıt University.

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