Anayasa Mahkemesi Kararlarının Bağlayıcılığı

Abstract

There is no doubt about the bindingness of the decisions of the Constitutional Court which is decided during the constitutional review or individual application process, therefore the obligation to comply with these decisions. On the other hand, it is seen that the issue of whether the bindingness of Constitutional Court decisions also includes the reasons for the decision is discussed in the doctrine and in the Constitutional Court decisions. However, this issue creates many additional problematic areas in practice. For example, the problem of bindingness of the Supreme Court's interpretative refusal decisions also depends on whether the reasons for the decision are binding or not. The reason for this is that the Constitutional Court explains in the reasoning part of the aforementioned decisions that the rule subject to inspection will not be unconstitutional when it is interpreted. In addition, the doctrine specifically discusses whether the legislator can enact the rule annulled by the Constitutional Court. In our study, the problems arising in practice from the determination of the effect of especially the justification parts of the decisions of the Constitutional Court were examined in the light of the opinions in the doctrine and the decisions of the Constitutional Court.