Sources of Law
In all civil law legal systems, in Turkey, the primary source of law is legislation (mevzuat). Customary law (rf ve det hukuku, gelenek hukuku) and case law (judicial precedent) (itihat hukuku) are secondary sources of law. Legal doctrine is a subsidiary source of Principles of Law law.
Principles of Law
1. The Constitution
Supreme piece of legislation The provisions of the Constitution are fundamental legal rules binding upon legislative, executive and judicial organs, and administrative authorities and other agencies and individuals. Laws shall not be in conflict with the Constitution. Defines the use of legislative power More difficult to amend than laws No law shall contradict the Constitution
Principles of Law
Principles of Law
Ratified by the GNA through enactment of a law Carry the force of law No control on constitutionality Some international agreements do not require ratification:
Agreements regulating economic, commercial and technical relations and covering a period of no more than one year Agreements in connection with implementation of international treaties, and economic, commercial, technical or administrative agreements concluded depending on an Principles Law authorization given byofa law,
Md.90:Usulne gre yrrle konulmu milletleraras andlamalar kanun hkmndedir. Bunlar hakknda Anayasaya aykrlk iddias ile Anayasa Mahkemesine bavurulamaz. (Ek cmle: 7.5.2004-5170/7 md.)Usulne gre yrrle konulmu temel hak ve zgrlklere ilikin milletleraras andlamalarla kanunlarn ayn konuda farkl hkmler iermesi nedeniyle kabilecek uyumazlklarda milletleraras andlama hkmleri esas alnr.
Principles of Law
COMMITTEE
COMMITTEE
COMMITTEE
COMMITTEE
COMMITTEE
GENERAL ASSEMBLY
COMMITTEE REPORT
LAW
OFFICIAL GAZETTE
1.3.Statutes
Published in the Official Journal Coming into effect Control on constitutionality Principles of Law
Principles of Law
Published in the Official Journal Submitted for approval of the GNA the day of publication
If not submitted, ceases to have effect that day If the GNA rejects or amends, those decisions enter into effect when they are published
1.5.Regulations (Tzkler )
The Council of Ministers may issue regulations
governing the mode of implementation of laws or designating matters ordered by law, provided that they do not conflict with existing laws and are examined by the Council of State (Dantay). Regulations shall be signed by the President of the Republic and promulgated in the same manner as laws.(The Constitution , Article 115)
Principles of Law
KANUN
OLAANST HL KHKS
TZK
YNETMELK
Yetki
TBMM
Cumhurbakann Bakanlnda Bakanlar Kurulu (Yetki Kanununa Gerek Yok) Konu Snrlamas Yok
Bakanlar Kurulu
Konu
Snrlama Yok
Var
Var
Var
Yok
Var
Var
Var
Var
Var Yok
Var Yok
Var Yok
Yok Var
Yargsal Denetim
Anayasa Mahkemesi
Anayasa Mahkemesi
Dantay
Principles of Law
In the Turkish legal system, as in all civil law systems, legislation is the primary source of law. Court decisions are a subordinate source of law, and only some of the decisions of superior courts carry precedent
Principles of Law