The constitutional validity of an enacted statute may be challenged directly before the Constitutional Court through an action for annulment as soon as it is published in the Official Gazette even before it is implemented in any actual case. It should be mentioned, however, that the standing to bring such an action is restricted; only those persons and groups enumerated in the Constitution have the right of application. These are listed in Article 150: the President of the Republic, parliamentary groups of the party in power and of the main opposition party, and a minimum of one-fifth of the total members of Parliament.
Sayfa 83Kitabı okudu
The Constitution recognizes the principle of centralization and decentralization as a basis for the organization and functions of public administration. As a consequence of certain historical developments, however, centralism has far more weight in practice.
The units of local administration are subject to the control of the central administration exercised through the power of "tutelage" (idari vesayet). Tutelage is regarded as a means by which the unity and indivisibility of the administration is guaranteed. One may argue that the extent of tutelage in its present form is excessive and therefore constitutes an undue burden on local administration. It should be mentioned, however, that despite these difficulties local administrations have developed considerably during recent decades.
Sayfa 81Kitabı okudu
What is the place of the rules of international law in the internal (domestic) laws of states? There are two basic theories on the relationship between international and domestic law. The first is called the "dualist" view; it assumes that international law and municipal law are two distinct and separate legal systems which exist independently of each other. This approach raises the question of whether one system is superior to the other.
The second theory is the "monist" view, which assumes that domestic (internal) and international law form part of a single legal order but tends to treat international law as superior.
The Turkish Constitution provides that international treaties duly put into effect are of equal status to laws (statutes). However, no claim of unconstitutionality of an international treaty can be heard by the Constitutional Court (Article 90/last para.) On the other hand, a constitutional amendment introduced in 2004 provided that in cases where the provisions of a treaty relating to the fundamental rights and freedoms are in conflict with domestic law, the international treaty will take precedence.
Sayfa 53Kitabı okudu
"There is no single answer to the question why certain rules of conduct have become laws while others have not... It is not that there is something inherently fair and just about legal rules which distinguishes them from other rules of conduct; indeed, there have been, and there probably still are many laws in existence which, on a majority vote of the population, would be held unfair."
Sayfa 28 - W. F. FrankKitabı okudu
"No man is an island, entire of itself; every man is a piece of the continent..."
Sayfa 3 - John DonneKitabı okudu