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Head of Council of State Sumru Cörtoğlu |
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| The high courts specified in the Constitution comprise the Constitutional Court in charge of constitutional adjudication, the Supreme Court of Appeals in charge of legal judicial adjudication, the Council of State in charge of administrative adjudication, the Supreme Military Court of Appeals and the Supreme Military Administrative Court in charge of military adjudication, and the Court of Jurisdictional Disputes in charge of jurisdictional disagreement. The Judiciary Chapter of the Constitution also includes the Supreme Council of Public Accounts (the Audit Court) and the Supreme Council of Judges and Public Prosecutors. |
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Constitutional Court: The fundamental function of the Constitutional Court is to protect and improve human rights and basic freedoms and to examine in terms of form and substance the constitutionality of laws, decrees having the force of law, and Rules of Procedure of the TGNA. In its capacity as the Supreme Court, it tries the President; members of the Council of Ministers; the chairmen, members and chief prosecutors of the high courts, the Supreme Council of Judges and Public Prosecutors, the Supreme Council of Public Accounts; and also the Acting Chief Public Prosecutor for offences related to their duties. It hears the cases related to the banning of political parties and the requests of the Office of the Chief Prosecutor of the
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Supreme Court of Appeals to warn political parties. It audits the accounts of the political parties, examines the TGNA decisions to lift the legislative immunities of deputies or to dismiss them from office, and designates the President and the Acting President of the Court of Jurisdictional Disputes. |
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The President, the parliamentary groups of the party in power or the main opposition party as well as deputies comprising at least one fifth of the total members of the TGNA have the right to directly file an annulment action at the Constitutional Court. Furthermore, the courts are also authorized to file a suit at the Constitutional Court when they find that the law to be applied in trying a case is unconstitutional, or upon a self-conviction of the court on such a necessity. |
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The Constitutional Court is composed of 11 regular and four substitute members. To deliver a verdict, it convenes with 11 members. The members are designated according to special procedures and quotas from among the chairmen and the members of the Supreme Court of Appeals, the Council of State, the Supreme Military Court of Appeals, the Supreme Military Administrative Court, the Supreme Council of Public Accounts, and also academics, lawyers and senior administrators. |
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