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21-445: The party was founded as "Toplumcu Kurtuluş Partisi" on 7 February 2012. The party changed its name to "Türkiye Komünist Partisi" on 15 February 2012. The Constitutional Court did not allow the renaming, because there was already a party with the same name, i.e. Türkiye Komünist Partisi . Following that, the party started using the name "Toplumcu Kurtuluş Partisi" again and changed the abbreviation from TKP 1920 to 1920 TKP. Until 2016,

42-413: A defendant or a plaintiff . The Constitutional Court has the right to both a priori and a posteriori review (respectively, before and after enactment), and it can invalidate whole laws or governmental decrees and prevent their application in future cases. Challenges to a law must be made within the first two months of its promulgation. The court decides over the parliamentary immunity of the members of

63-525: A lawyer for at least 21 years. The Constitutional Court elects a president and vice presidents from among its regular members for a renewable term of four years by secret ballot and by an absolute majority of their members. The members of the Constitutional Court are not allowed to assume other official and private functions, apart from their main functions. The Constitutional Court consists of 15 members: The Constitutional Court of Turkey

84-455: Is a nationalistic, democratic, secular and social state, governed by the rule of law, based on human rights and fundamental tenets set forth in the preamble. Article 3 - The Turkish State is an indivisible whole comprising its territory and people. Its official language is Turkish. Its capital is the city of Ankara. Article 4 - Sovereignty is vested in the nation without reservation and condition. The nation shall exercise its sovereignty through

105-753: Is the highest legal body for constitutional review in Turkey. It "examines the constitutionality, in respect of both form and substance, of laws, decrees having the force of law, and the Rules of Procedure of the Turkish Grand National Assembly " (Article 148/1 of the Turkish Constitution ). If necessary, it also functions as the Supreme Criminal Court ( Turkish : Yüce Divan ) to hear any cases raised about

126-716: Is the seat of the Center for Training and Human Resources Development of the Association of Asian Constitutional Courts and Equivalent Institutions . Part Four, Section Two of the Constitution establishes the Constitutional Court that rules on the constitutionality of statutes and Presidential executive orders . The Court rules on issues referred to it by the President, the members of Parliament, or any judge before whom an exception of unconstitutionality has been raised by

147-466: The Constitution establishing the form of the state as a republic shall not be amended nor shall any motion therefore be made. Unlike the former constitution, the new constitution was based on human rights; with Article 11, the individual's freedom was secured at all times. The phrase social state was included in this Constitution for the first time. The new constitution also introduced the Senate, to form

168-618: The Constitutional Court when the Court of Cassation intervened to overturn a ruling by the Constitutional Court regarding the release of an imprisoned member of the Turkish Parliament , Can Atalay . The Constitutional Court had previously ordered the release of Atalay, asserting that his imprisonment infringed upon his rights to security, liberty, and the right to be elected. However the Court of Cassation annulled this decision, instructing lower courts not to abide by it. Furthermore,

189-476: The Grand National Assembly of Turkey and has the authority to ban political parties. According to Article 146 of the Constitution, the Constitutional Court is composed of fifteen members. The President appoints: The Parliament appoints by secret ballot: A two-thirds majority is required in the first ballot; if this majority is not reached, the absolute majority of MP´s is required in

210-631: The President of the Republic and the Council of Ministers within the framework of law. Article 7 - Judicial power shall be exercised by independent courts on behalf of the Turkish nation. Article 8 - Laws shall not be in conflict with the Constitution. The provisions of the Constitution shall be the fundamental legal principles binding the legislative, executive and judicial organs, administrative authorities and individuals. Article 9 - The provision of

231-614: The President, Vice President , members of the Cabinet , or judges of the high courts. In addition to those functions, it examines individual applications on the grounds that one of the fundamental rights and freedoms within the scope of the European Convention on Human Rights which are guaranteed by the Constitution has been violated by public authorities (Article 148/3 of the Turkish Constitution). The Court

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252-570: The Socialist Liberation Party was one of the components in the United June Movement , a political coalition initiative which was founded after Gezi Park revolt . This article about a political party in Turkey is a stub . You can help Misplaced Pages by expanding it . Constitutional Court of Turkey The Constitutional Court of Turkey ( Turkish : Anayasa Mahkemesi , sometimes abbreviated as AYM )

273-466: The appeals court called for a criminal investigation into the Constitutional Court members, alleging that their ruling constituted a violation of the constitution . Turkish Constitution of 1961 The Constitution of 1961 , officially titled the Constitution of the Republic of Turkey ( Turkish : Türkiye Cumhuriyeti Anayasası ), was the fundamental law of Turkey from 1961 to 1982. It

294-466: The authorized agencies as prescribed by the principles laid forth in the Constitution. The right to exercise such sovereignty shall not be delegated to any one person, group or class. No person or agency shall exercise any state authority, which does not derive its origin from the Constitution. Article 5 - Legislative power is vested in the Grand National Assembly. This power shall not be delegated. Article 6 - The executive function shall be carried out by

315-542: The court gave is dated 5 September 1962, which was published on the Official Gazette on 3 October 1962. It was about a direct petition by a certain İnaç Tureren for the annulment of an article of the Law of Criminal Procedure ( Ceza Muhakemeleri Usûlü Kanunu - CMUK ), which was claimed to be violating the provisions of Article 30 of the constitution. The court turned down the case, stating that individual application to

336-399: The court was constitutionally impossible. The first president of the court was Sünuhi Arsan , who served for two years (1962–64). Following the second (Ömer Lütfi Akadlı - 1964–66) and the third (İbrahim Senil - 1966–68) presidents, the court failed to elect a president for 29 months (until 1970) during which it was headed by an acting president. The articles of the constitution regulating

357-611: The military junta that came into power by military coup on 27 May 1960, supported limitation and control of the parliamentary power in the face of abuses of parliamentary majority by the Democratic Party governments (1950–60) under the premiership of Adnan Menderes . The Justice Party , a descendant of the Democratic Party; as well as Justice and Development Party have rejected the idea of judicial review, pushing for parliamentary superiority. The first decision

378-628: The second ballot and. Failing this, a runoff election among the two candidates with the greatest number of votes will determine the winner. Ultimately, therefore, the dominant political force in parliament will decide by relative majority. To qualify for appointments as a member of the Court, professors, senior administrative officers, and attorneys-at-law are required to be over the age of 40 and to have completed their higher education or to have served at least 15 years as teaching staff of institutions of higher education or to have actually worked at least 21 years in public service or to have practiced as

399-510: The structure of the court were slightly amended in 1971 and 1973. Although the constitution of 1961 was annulled by the military regime that came into the power with the military coup of 12 September 1980, the court went on operating. It currently operates according to the constitution of 1982 . On 8 November 2023 a constitutional crisis unfolded in Turkey between the Court of Cassation and

420-415: Was established on 25 April 1962, according to the provisions of the constitution of 1961 . Prior to that date, absolute superiority of the parliament was adopted as a constitutional principle, with no judicial review . There existed no legal institution to review the constitutionality of laws passed by the parliament, and of acts and actions of governments. The social democratic opposition, intellectuals, and

441-436: Was introduced following the 1960 coup d'état , replacing the earlier Constitution of 1924 . It was approved in a referendum held on 9 July 1961, with 61.7% of the nation voting in favor. It remained in force until the 1980 coup d'état , following which it was replaced by a new document, the Constitution of 1982 , which remains in force today. Article 1 - The Turkish State is a republic. Article 2 - The Turkish Republic

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