The status of individual complaint to the constitutional court in Turkish judicial review system
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Abstract (EN)
The second article of the Turkish constitution pronounces that Turkish Republic is governed by the rule of law. Being a state governed by the rule of law requires not only providing citizens with fundamental rights and freedoms, but also taking measures to safeguard them. To meet this requirement Turkish Constitution was amended in 2010 introducing the right of individual recourse to the Constitutional Court as a component of legal system. This amendment is to take effect as of 23rd of September, 2012. In this paper, the individual complaint application which didn?t exist previously in legal system is explicated, and its procedures and content are examined. Furthermore, the rationale behind this amendment and possible positive and negative results of this application for the country is touched upon. Also, the applications of individual complaint to the constitutional court in various countries and in Turkey is compared and evaluated.Whatsoever the procedural or formal principles of this application, the core rationale behind adoption of this application is the thought that fundamental rights and freedoms were not being safeguarded adequately. Undoubtedly, this application is to have outcomes both securing a democratic structure and safeguarding rights and freedoms.Key Words:1- Individual Application2- Constitutional Complaint3- Principle of rule of law4- Constitutional Court5- Fundamental Rights and Freedoms
Author
Hilmi Can Turan
Institution
How to Cite
Hilmi Can Turan (Master Thesis). The status of individual complaint to the constitutional court in Turkish judicial review system, 2012, Gazi University.
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