The right to file an annulment action and "Organ Davası" in Turkish constitutionality review
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Abstract (EN)
This research examines the right to file an annulment action in the Turkish Constitutional Law. First, this research focuses on the status of annulment action as part of constitutionality, which also is denoted as abstract review of norms. Then, the research discusses different positions regarding who should be the designated authority in the enforcement of annulment action, reviewing myriad number of accounts from both in the doctrine and from parliamentary sessions. Throughout this review, the research lays out changing authorities who had the power to file an annulment action and how their authority had been justified in the literature by reference to the Turkish Constitution. Specific cases of annulment action are discussed extensively when necessary to provide a clearer account of the very action. Lastly, as part of the empirical account, the study focuses on the case of 'organ davası' as a distinctive account that stirred the Constitutional Court in the constitutions of 1961 and 1982. Particularly, the last section focuses on the prerequisites of 'organ davası' , the different institutions who have the authority to file a case in congruence with the precedent decrees of the Turkish Constitutional Law.
Author
Hasan Dinç
How to Cite
Hasan Dinç (Master Thesis). The right to file an annulment action and "Organ Davası" in Turkish constitutionality review, 2019, Çankaya University.
License
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