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Some thoughts on the constitutional complaint

Title	Some thoughts on the constitutional complaint
Author	Heper, Mehmet Altan
Publication Date:	2012
Publication Place	- Seçkin Publishing
Subject	Constitution, Federal Constitutional Court Law, Fundamental rights and freedoms, Right to constitutional complaint, Exhaustion of legal remedies, Legal remedy, Commission, ECHR, Turkish Constitution, Federal Constitution Court Act (Bundesverfassungsgerichtsgesetz), Fundamental rights and freedoms, The right to lodge a constitutional complaint, Exhaustion of legal remedies, Legal action, Chamber, ECHR
Type	Periodical
Language	Turkish
Digital	Yes
Manuscript	No
Library:	Özyeğin University
Library Asset ID	1307-0851
Record ID	508008fb-513b-44d5-8f91-1dade6d6ee56
Library Location	Law
Date	2012
Sample Text	According to the 2010 amendments to the Turkish Constitution; Anyone can file a constitutional complaint with the Constitutional Court, alleging that any of the fundamental rights and freedoms guaranteed in the Constitution, within the scope of the European Convention on Human Rights, have been violated by the public authority (Constitution Art. 148/3). In Germany, there is no limitation within the scope of ECHR (Art. 93/4). If a Constitutional complaint regarding a law is found to be valid, the law is considered invalid and annulled by the Federal Constitutional Court. According to Turkish Law, a constitutional complaint cannot be directed against the actions of the legislator. The legal source of the Constitutional complaint in Turkish Law is German law, but there are some important changes. The article aims at a small comparison between both systems. For this reason, the relevant legal provisions are presented., According to amendments of the Turkish constitution on 2010 any person, which claims that one of his fundamental rights and freedoms within the scope of the European Convention on Human Rights which are guaranteed by the constitution may lodge a constitutional complaint with the constitutional court (Art. 148/3 the Turkish Constitution). According to Germany there is no limitation within the scope of the ECHR (Art. 93/4 a). If a complaint against a law is upheld, the law shall be declared null and void by the Federal Constitutional Court. According to Turkish Law the constitutional complaint cannot be directed against the acts of the legislative. The law source of the constitutional complaint in Turkish law is German law, but there are some important differences. The article aims to make a small comparison between both systems. Therefore the relevant legal provisions are presented.
Cilt	7

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Özyeğin University

Some thoughts on the constitutional complaint

Author Heper, Mehmet Altan

Publication Date 2012

Publication Place - Seçkin Publishing

Subject Constitution, Federal Constitutional Court Law, Fundamental rights and freedoms, Right to constitutional complaint, Exhaustion of legal remedies, Legal remedy, Commission, ECHR, Turkish Constitution, Federal Constitution Court Act (Bundesverfassungsgerichtsgesetz), Fundamental rights and freedoms, The right to lodge a constitutional complaint, Exhaustion of legal remedies, Legal action, Chamber, ECHR

Type Periodical

Language Turkish

Digital Yes

Manuscript No

Library Özyeğin University

Library Asset ID 1307-0851

Record ID 508008fb-513b-44d5-8f91-1dade6d6ee56

Library Location Law

Date 2012

Sample Text According to the 2010 amendments to the Turkish Constitution; Anyone can file a constitutional complaint with the Constitutional Court, alleging that any of the fundamental rights and freedoms guaranteed in the Constitution, within the scope of the European Convention on Human Rights, have been violated by the public authority (Constitution Art. 148/3). In Germany, there is no limitation within the scope of ECHR (Art. 93/4). If a Constitutional complaint regarding a law is found to be valid, the law is considered invalid and annulled by the Federal Constitutional Court. According to Turkish Law, a constitutional complaint cannot be directed against the actions of the legislator. The legal source of the Constitutional complaint in Turkish Law is German law, but there are some important changes. The article aims at a small comparison between both systems. For this reason, the relevant legal provisions are presented., According to amendments of the Turkish constitution on 2010 any person, which claims that one of his fundamental rights and freedoms within the scope of the European Convention on Human Rights which are guaranteed by the constitution may lodge a constitutional complaint with the constitutional court (Art. 148/3 the Turkish Constitution). According to Germany there is no limitation within the scope of the ECHR (Art. 93/4 a). If a complaint against a law is upheld, the law shall be declared null and void by the Federal Constitutional Court. According to Turkish Law the constitutional complaint cannot be directed against the acts of the legislative. The law source of the constitutional complaint in Turkish law is German law, but there are some important differences. The article aims to make a small comparison between both systems. Therefore the relevant legal provisions are presented.

Cilt 7