
Seal of the Constitutional Court of Turkey
The 'Constitutional Court of Turkey' (
Turkish: ''Anayasa Mahkemesi'') 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' of the
Turkish Constitution). When necessary, it also functions as the Supreme Court (
Turkish: ''Yüce Divan'') to hear any cases raised about the
President of the Republic, members of the
Council of Ministers, or presidents and members of the High Courts.
Overview
''Part Four, Section Two'' of the
Turkish Constitution has established the Constitutional Court of Turkey that statutes on the conformity of
laws and
decrees to the Constitution, and it can be seized by the
President of the Republic, the government, the members of
Parliament or any
judge before whom an exception of unconstitutionality has been raised by a
defendant or a
plaintiff. The Constitutional Court has the right to both ''
a priori'' and ''
a posteriori'' review, and it can invalidate whole laws or governmental decrees and ban their application for all future cases. Challenges to a law must be made within the first two months of its promulgation.
Organization
According to the article 146 of the
Constitution of Turkey, the Constitutional Court is composed of eleven regular and four substitute members. The
President of the Republic appoints two regular and two substitute members from the Court of Cassation, two regular and one substitute member from the
Council of State, and one member each from the