dc.contributor.advisor | Çelebi, Ece Göztepe | |
dc.contributor.author | Karaarslan, Abdulkadir | |
dc.date.accessioned | 2017-09-27T05:17:52Z | |
dc.date.available | 2017-09-27T05:17:52Z | |
dc.date.copyright | 2017-09 | |
dc.date.issued | 2017-09 | |
dc.date.submitted | 2017-09-26 | |
dc.identifier.uri | http://hdl.handle.net/11693/33737 | |
dc.description | Cataloged from PDF version of article. | en_US |
dc.description | Thesis (Ph.D.): Bilkent University, Department of Law, İhsan Doğramacı Bilkent University, 2017. | en_US |
dc.description | Includes bibliographical references (leaves 715-749). | en_US |
dc.description.abstract | Individual application to the constitutional courts is a legal remedy that has been
designed to ensure effective protection of the human rights and fundamental liberties.
This legal remedy provides the citizens with the right of alleging concrete breaches
of their fundamental rights enshrined in the constitution. The protection of the human
rights by the expert courts in the field of human rights have been introduced in the
different countries legal order by taking into account various reasons. In Turkish
practice, the main reason for the introduction of individual application to the
constitutional court is the high number of applications and violations before the
European Court of Human Rights.
The individual application system was introduced into the Turkish legal order by the
constitutional amendments approved in the result of a public referendum held on 12
September 2010. Two years of preparation period were projected until 23 September 2012. As from the latter date, the Turkish Constitutional Court has started to receive
individual applications, the commissions and the sections of the Constitutional Court
have rendered many judgments which present the approach of the Courts as to the
admissibility criteria as well as the essence and the contents of the rights that may be
subject for individual application. However, the excessive number of the applications
based on various human rights claims brought by the Court have given rise to
workload that may risk effective protection of human rights by the Court. Therefore,
the spesific procedure is designed for the individual applications to avoid the risk
of workload.
The procedure concerning individual application is composed of all the procedural
acts carried out by the applicant, the court and the other that have right to take part in
the proceeding. Within this framework, the formal and substantive requirements of
the individual application, the composition of judicial and administrative units of the
Constitutional Court that deal with individual application, the scope and the rights of
the examination by the Constitutional Court,the procedures related to registration and
administrative review of individual applications, the exhaustion of administrative and
judicial remedies rule, time limits foır individual applications, the role played by the
Ministry of Justice have been examined in this study. The judgment rendered by the
Court concerning individual application have constituted the main subject of this
study.
Keywords: Constitutional Court, Individual Application, Procedural Admissibility
Criteria, Procedure of the Individual Application. | en_US |
dc.description.statementofresponsibility | by Abdulkadir Karaarslan. | en_US |
dc.format.extent | 2 volumes ; 29 cm. | en_US |
dc.language.iso | English | en_US |
dc.rights | info:eu-repo/semantics/openAccess | en_US |
dc.subject | Constitutional Court | en_US |
dc.subject | Individual Application | en_US |
dc.subject | Procedural Admissibility Criteria | en_US |
dc.subject | Procedure of the Individual Application | en_US |
dc.title | Procedural problems occuring during individual application to the Constitutional Court | en_US |
dc.title.alternative | Anayasa mahkemesi’ne bireysel başvuruda usul sorunları | en_US |
dc.type | Thesis | en_US |
dc.department | Department of Law | en_US |
dc.publisher | Bilkent University | en_US |
dc.description.degree | Ph.D. | en_US |
dc.identifier.itemid | B156501 (v.1) | |
dc.identifier.itemid | B156502 (v.2) | |
dc.embargo.release | 2020-09-24 | |