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The Constitutional Court
The Constitutional Court was established by the Constitution
of 1961. Its role is to examine all laws in respect to conformity
with the Constitution.
The major duty of the Court is to monitor laws, decrees
in force of law and the Grand National Assembly internal
procedural rules from the aspects of both form and substance.
It is also vested with the duty of examining and monitoring
constitutional amendments from the point of view of form.
The Constitutional Court is further empowered to try, as
the Supreme Court, offenses related to the functions of
the President, the members of the Council of Ministers,
the members and Chief Judges of the Constitutional Court,
the Court of Appeals, the Council of State, the Military
Tribunal of Appeals, the Supreme Military Administrative
Court, the Court of Accounts and the Supreme Council of
Judges and Public Prosecutors, as well as Chief Public Prosecutors
of these Courts, and also the Deputy Chief Public Prosecutor
of the Republic. The Chief Public Prosecutor and his Deputy
act in the capacity of prosecutor in the proceedings of
this Supreme Court. The financial auditing of political
parties is also performed by the Constitutional Court. The
closure of any political party may take place upon the ruling
of the Constitutional Code in a suit filed by the Public
Prosecutor of the Republic.
Furthermore, if the Grand National Assembly decides to
waive the parliamentary immunity of any deputy, or decides
to disqualify him from membership in the Assembly, the member
himself or any other member of the Assembly may appeal to
the Constitutional Court for annulment of this ruling on
grounds of violation of the internal procedural rules of
the Constitution, and so request that the Constitutional
Court decide on this matter.
The President of the Republic, the Parliamentary Group
of the government or main opposition party members or one-fifth
of the total number of deputies in parliament may directly
file suit with the Constitutional Court.
In addition, should a court in the course of trial feel
that due process of law is being hindered or that there
is doubt about the application of certain laws, or that
certain laws are not in harmony with the Constitution, or
that complaints of a similar nature warrant it, then the
issue can be taken to the Constitutional Court.
There are eleven full members and four substitute members
of the Constitutional Court, and decisions are made with
a minimum of eleven members in sessions. Decisions have
to be approved by a majority before becoming effective.
Every four years, the members of the Constitutional Court
choose a new president from among the regular members of
the Constitutional Court.
When decisions have been reached they are published in
the government "Official Gazette". Following publication,
the decisions come into immediate effect after procedure
by the appropriate legal organs.
Judiciary Branch
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