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  Constitutional Court


Institutions DETAILS
Parents > Turkey  
Established 00, 0000
Disbanded Still Active
ContributorBen
Last ModifiedBen March 10, 2005 05:16pm
Description The basic function of the Constitutional Court is to protect and develop human rights and basic freedoms and to examine the constitutionality concerning both the form and substance of laws, decrees that have the force of law, and the Rules of Procedure of the TGNA. The Court only supervises the form of the amendment to the Constitution.

It judges, with its capacity as the High Tribunal, the President, members of the Council of Ministers, supreme courts, the chairman and members of the Supreme Council of Judges and Public Prosecutors and of the Supreme Council of Public Accounts, the Chief Prosecutors and the Deputy Republic Chief Prosecutor, for crimes related to their offices. It examines cases advocating the closure of political parties and the requests of the Republic Chief Prosecutor of the Supreme Court of Appeals to warn the political parties. It audits the finances of the political parties. It examines the TGNA decisions to revoke the immunities of deputies, or to dismiss the members of parliament. It designates the President and the Deputy President of the Jurisdictional Disputes Court.

The President, the parliamentary groups of the party in power, the main opposition party and a minimum of one fifth of the total number of members of the TGNA have the right to apply to the Constitutional Courtfor an annulment action. Furthermore, if a court trying a case finds that the law to be practiced is unconstitutional, or if it is convinced of the seriousness of a claim of unconstitutionality submitted by one of the parties, it can file a lawsuit at the Constitutional Court.

The Constitutional Court is composed of eleven regular and four substitute members. The decisions are made by convening the eleven members. The members are designated according to special procedures and quotas from among the members of the Supreme Court of Appeals, the Council of State, the Supreme Military Court of Appeals, the Supreme Military Administrative Court, the chairman and the members of the Supreme Council of Public Accounts, university professors, and high-level administrators and lawyers.

Decisions of the Constitutional Court are final. These decisions cannot be amended in any manner and their execution cannot be delayed, and they apply to all legal, legislative and judiciary organs, administrations, real and corporate bodies.

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