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Constitutionality of the amendment made to the MIT Law

Title	Constitutionality of the amendment made to the MIT Law
Author	Kanadoglu, Korkut
Publication Date:	2014
Publication Place	- Legal Publishing
Subject	Law numbered 6278, Separation of powers, Principle of certainty, Parliamentary control, Code numbered 6278, Separation of powers, Principle of certainty, Parliamentary control
Type	Periodical
Language	Turkish
Digital	Yes
Manuscript	No
Library:	Özyeğin University
Library Asset ID	2147-1061
Record ID	e5ec03fe-810d-471b-a4d4-588664855b65
Date	2014
Sample Text	Law No. 6278, which requires the permission of the Prime Minister to investigate persons carrying out intelligence services, finds its source in the Constitution. However, this permission system, which is based on the Constitutional provision, is contrary to supra-constitutional norms such as the separation of powers and the principle of equality. In addition, this regulation introduced by the Law is not only contrary to the principle of "certainty" but also the product of a "different" criminal law policy. Considering that the Constitutional Court interprets the legislature's discretion regarding this criminal policy very broadly, it has become a necessity to envisage a "parliamentary lawfulness control" mechanism to ensure the supervision of intelligence activities., The Code numbered 6278 that subjects the investigation of intelligence officers to the permission of the Prime Minister is based on the Constitution. However, this Constitution-based ''Permission-System'' is in contradiction with the supra constitutional norms such as equality and separation of powers. This regulation is also inconsistent with the principle of certainty and is a product of another criminal policy. Considering the extensive interpretation by the Constitutional Court of the margin of appreciation of the legislator, it has become a necessity to implement “a parliamentary legal review” mechanism to control intelligence activities.
Cilt	3

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Özyeğin University

Constitutionality of the amendment made to the MIT Law

Author Kanadoglu, Korkut

Publication Date 2014

Publication Place - Legal Publishing

Subject Law numbered 6278, Separation of powers, Principle of certainty, Parliamentary control, Code numbered 6278, Separation of powers, Principle of certainty, Parliamentary control

Type Periodical

Language Turkish

Digital Yes

Manuscript No

Library Özyeğin University

Library Asset ID 2147-1061

Record ID e5ec03fe-810d-471b-a4d4-588664855b65

Date 2014

Sample Text Law No. 6278, which requires the permission of the Prime Minister to investigate persons carrying out intelligence services, finds its source in the Constitution. However, this permission system, which is based on the Constitutional provision, is contrary to supra-constitutional norms such as the separation of powers and the principle of equality. In addition, this regulation introduced by the Law is not only contrary to the principle of "certainty" but also the product of a "different" criminal law policy. Considering that the Constitutional Court interprets the legislature's discretion regarding this criminal policy very broadly, it has become a necessity to envisage a "parliamentary lawfulness control" mechanism to ensure the supervision of intelligence activities., The Code numbered 6278 that subjects the investigation of intelligence officers to the permission of the Prime Minister is based on the Constitution. However, this Constitution-based ''Permission-System'' is in contradiction with the supra constitutional norms such as equality and separation of powers. This regulation is also inconsistent with the principle of certainty and is a product of another criminal policy. Considering the extensive interpretation by the Constitutional Court of the margin of appreciation of the legislator, it has become a necessity to implement “a parliamentary legal review” mechanism to control intelligence activities.

Cilt 3