Anayasa Mahkemesi kararlarının yasama, yargı ve üzerindeki etkileri
Başlık çevirisi mevcut değil.
- Tez No: 41502
- Danışmanlar: PROF.DR. METİN GÜNDAY
- Tez Türü: Yüksek Lisans
- Konular: Hukuk, Law
- Anahtar Kelimeler: Belirtilmemiş.
- Yıl: 1995
- Dil: Türkçe
- Üniversite: Ankara Üniversitesi
- Enstitü: Sosyal Bilimler Enstitüsü
- Ana Bilim Dalı: Belirtilmemiş.
- Bilim Dalı: Belirtilmemiş.
- Sayfa Sayısı: 102
Özet
Özet yok.
Özet (Çeviri)
SUMMARY In contemporary world, judicial review of legislation is considered as a sine qua nor condition of a State of Law. After some sad experiences in 30's, it was understood that giving place to human rights in constitutions -although they are rigid- isn't enough, legislature mighl make them unusable and meaningless by arbitrary actions. It is also necessary to protect them from the violation of legislature and constitutional limitation on legislative authority needs some independent tools. In this aspect, judicial review of constitutionality of laws had been appeared and get a major role in establishing rule of law by keeping legislative within constitutional boundaries. As knowable, the first example of judicial review took place in United States by the decision of Supreme Court in Madison vs. Marbury case at 1803. And United States became a model country in decentralized judicial review system for her followers. Another way of judicial review which was called centralized had appeared in Continental Europe and is accepted generally in our time. In this system effective protection of fundamental rights and liberties ofthe individual could be maintained in the name of reviewing constitutionality of laws by ti Constitutional Courts which were designed and established for that aim. This Continental wii reached Turkey at 60's with the same needs which were mentioned above. Turkish Constitutional Court is a type of centralized and a posteriori review makir systems. The plea of unconstitutionality could be put forward by principal and incident proceeding. The main function of the Court is reviewing the constitutionality of laws and lav amending ordinances on substantive or procedural grounds. If the Court considers that the la1 confirms to the constitution then dismisses the case, otherwise gives invalidation decision aboi the rule. In addition to this expressed type of decisions, in the latest years the Court had als began to give stay order decision that pauses the implementation of the law until the fim decision. The decisions of the Court have erga omnes effects. If the Court decides whether it i necessary, may set a later date for the effective date of decision which could not be more thei one year after publication of the decision in the Official Gazette. In this thesis named“The Impacts of the Constitutional Court Decisions Ovei Legislation, Judiciary and Administration”, in the regard of the plain provisions in th< Constitution of 1982 as;. state governed by the rule of law (Article 2),. supremacy of Constitution (Article 11/1),. laws could not be contrary to Constitution (Article 1 1/2),. the fact of boundriness of the legislative and the executive branches with the decisioi rendered by the Constitutional Court. (Article 153/6) and have no power whatsoever modify or postpone them (Article 138/3), and the general principles of judicial review, the following conclusions have been accepted. Over Legislation: Parliament should not make a same or similar law which was invalidated by th Constitutional Court. In this case the Court will give invalidation decision about the lai according to the Article 153/6. Parliament is also bounded by the reasons of the invalidatio decision of Court, and must take into account the reasons while making a law in the sam subject. Over Judiciary: In the period of reviewing the constitutionality of law by the Constitutional Court, i that law is applicable to the case, the court has to wait until the final decision of th Constitutional Court. If the court did not choose that way then incidental proceeding ought ti be initiated when one of the parties put forward the plea of unconstitutionality. And after th invalidation decision that law could not be used in cases and in that circumstance the action o annulment must be accepted. Invalidation decision about the law must be considered as ; reason of re-opening of proceeding.Over Administration: Administrative agencies could not make changes on the legal status of individual according to a law which was invalidated by Constitutional Court. And the individual acts coul be executed no more after invalidation decision. If the invalidation decision has been learr before publication in the Official Gazette, administration could not create obligations ove individuals according to a law which was contrary to constitution. In a state of Law, it must b unthinkable to apply an invalidated law. The acts which were made before the invalidation of law are untouchable because o not they have assembled a possessed right but for the principle of confidence to state. After invalidation of law, the regulative acts like regulations and by-laws which wen issued upon that law become ineffective without needing any procedure or act. As the administrative authorities are governed by the constitution, in the case o applying the laws which were contrary to the constitution the liability of administration must b< accepted. This situation is obvious especially for the administrative sanctions. Material an< spiritual damages caused by a unilateral act of administration upon an unconstitutional lav could not be let on the shoulders of an individual.
Benzer Tezler
- Farklı yargı düzenindeki yargı organı kararlarının birbirleri üzerindeki etkileri
Reciprocal effects of judicial decisions made by judicial and administarative courts
HİLAL ALBAL
- Execution of the European Human Rights Court's decisions and their effects in Turkish Domestic Law
Başlık çevirisi yok
MEHMET CEMİL BİLGİÇ
Yüksek Lisans
İngilizce
2000
HukukFatih ÜniversitesiUluslararası İlişkiler Ana Bilim Dalı
PROF. DR. ASLAN GÜNDÜZ
- Anayasa Mahkemesi iptal kararlarının geriye yürümezliği
Non-retroaction of Constitutional Court Cancellation decision
MÜBERRA KENGER
- Anayasa Mahkemesi'ne bireysel başvuru ve kararların Medenî Usûl Hukukuna etkileri
Individual application to the Constitutional Court and the effects of decisions on Civil Procedure Law
MEHMET EMİN ALPASLAN
Doktora
Türkçe
2022
HukukGalatasaray ÜniversitesiÖzel Hukuk Ana Bilim Dalı
PROF. DR. YAŞAR HAKAN PEKCANITEZ
- Anayasa Mahkemesine bireysel başvurunun hukuki sonuçları
Legal results of the individual application tothe Constitutional Court
MUSTAFA SEVEN
Yüksek Lisans
Türkçe
2022
Siyasal Bilimlerİstanbul ÜniversitesiKamu Yönetimi Ana Bilim Dalı
DR. ERKAN DUYMAZ