Title of article :
THE JUDICIAL REVIEW OF THE GRAND NATIONAL ASSEMBLY’S DECISIONS BY THE CONSTITUTIONAL COURT
Author/Authors :
yildiz, abdulkadir necmettin erbakan university - hukuk fakültesi - anayasa hukuku anabilim dalı, Turkey
From page :
73
To page :
114
Abstract :
Turkish Grand National Assembly’s decisions are not subject to the judicial review. This is because; Turkish Grand National Assembly decisions are not related to individual rights and freedoms and these decisions organizes the relationship between legislative body with the executive and judicial body. Naturally, this does not violate the principle of the rule of law. However, three type of Turkish Grand National Assembly decision; the Rules of Procedure of the Turkish Grand National Assembly, the decision of disqualification of the Parliament membership and the decision of annulment of the parliamentary immunity are subject to the Constitutional Court’s review. Although the decisions of the Rules of Procedure of the Turkish Grand National Assembly, disqualification of membership and annulment of parliament immunity are about the parliaments functioning and order; these decisions are still subject to the judicial review because of their importance. The importance of these decisions to prevent the major political party or parties to get advantage for eliminates the opposition in the Parliament. So the Constitutional Court reviews these three types of decision. However, the Constitutional Court has jurisprudence on not to bound for naming of the transaction. This jurisprudence is to make its authority extensive than constitutional limit.
Keywords :
Parliament Decisions , the Rules of Procedure of the Parliament , the Constitutional Court’s Review
Journal title :
Selcuk University, Journal Of The Faculty Of Law
Journal title :
Selcuk University, Journal Of The Faculty Of Law
Record number :
2689284
Link To Document :
بازگشت