Constitutional Court of Turkey

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 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 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.

The court decides over the parliamentary immunity of the members of the Grand National Assembly of Turkey and has the authority to ban political parties.

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 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.