Constitutional Court of Turkey
The Constitutional Court of the Republic of Turkey ( Turkish Türkiye Cumhuriyeti Anayasa Mahkemesi ) is the Turkish State Court located in Ankara and is part of the jurisdiction of Turkey.
- 5.1 President and Vice- President
- 5.2 members
History
On May 27, 1960, the military coup in Turkey in the power and ordered the drafting of a new constitution. On the necessity of a constitutional court to control the Parliament and its decisions on constitutionality was broad consensus, but it came between politicians and legal scholars to numerous discussions about what authority the future Constitutional Court appointed and how it should be organized and staffed. Finally, the fathers of the constitution and the new constitution, in which a Constitutional Court was now for the first time enshrined agreed, was confirmed on July 9, 1961 by referendum and came into force on 20 July. The first decision could make on September 5, 1962, the court.
On September 12, 1980, the military staged a coup again, bringing the constitution was suspended. The new constitution came, done, confirmed by referendum ( 91.37 %), on 9 November in force and took over with some modifications, the provisions on the constitutional jurisdiction of the Constitution of 1961.
Election of members and composition
The choice of members and composition of the Constitutional Court is governed by Articles 146 et seq of the Turkish Constitution.
Since the constitutional reform of 2010, the Constitutional Court shall consist of seventeen members. For each vacancy three candidates offered by specific institutions from which the President or the Grand National Assembly selects a member. Only a certain number of members may be represented in the Constitutional Court, per institution.
The president elect two members each from the Court of Cassation and the Council of State and one member each from the Militärkassationshof and the High Military Administrative Court. In addition, he selects three members from members of the teaching staff of the university institutions that are proposed by the University Council, but this may not be members, which must be including at least two lawyers. Finally, four members from the ranks of senior officials, fereiberuflich active lawyers, the judge, First Class, of the prosecutors and Researcher of the Constitutional Court are selected by the president. Overall, the number of members who are selected by the State President shall elect on 14 The Grand National Assembly by secret ballot two members of the Court and a member of the professional advocacy.
The judges have a limited by the age of 65 years tenure of twelve years and can not be re-elected. The Mitlgliedschaft also ends with a conviction for an offense that requires the dismissal of the judge or by a simple majority vote of the remaining members with health issues that no longer allow the trunk exercise.
Tasks
The Turkish Constitutional Court to review the task laws, laws valid decisions or the Rules of Procedure of the Parliament on the compatibility with the Constitution. In addition, it monitors the president, cabinet members, presidents, members, prosecuting attorneys or deputy prosecuting attorneys of higher courts, members of the High Council of Judges and Prosecutors and the Court regarding possible violations of law in the exercise of their office. The court has to examine Parliament decisions on the waiver of immunity or the dismissal of a member of parliament for accuracy. In addition, it can perform party closure case. Since the end of 2010 (Constitutional referendum ) further the possibility of a constitutional complaint is given.
In the time since its foundation until 1999, by the Court 2,693 cancellation and revision process, judged in 79 proceedings to ban political parties and in 66 procedures on the lifting of parliamentary immunity or dismissal of a deputy. The last method, which attracted international attention, were a standard control procedure for lifting the headscarf ban and a ban the ruling AKP party in 2008.