The Status of the European Convention On Human Rights in Turkish Law

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The issue of the status of international agreements including the European Convention on Human Rights has always been controversial in the constitutional system of Turkey. The constitutional amendment of 2004 has responded those controversial issues to a degree. In order to comprehend the status quo, one must cognize the pre-2004 situation and be familiar with the then doctrinal and jurisprudential debates. Nevertheless, the 2004 amendment appears to have failed to resolve all the prevailing debates. Other questions preserve their actuality, save the conflict between international norms regarding human rights and domestic laws. For instance, the question of conflict between international norms that are not related to human rights and domestic legislation, as well as the position of international legislation vis-à-vis the constitutional rules is still an actual issue. In this study we will briefly compile the arguments of pre and post 2004 period; and subsequently offer some solutions as to how to deal with those questions.

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The status of the ECHR in domestic law , the constitutional amendment of 2004 , conflict between international law and municipal law

Hukuk Araştırmaları Dergisi

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Hukuk Araştırmaları Dergisi