Constitutional Complaint And Individual Complaint In Turkey

Yıl 2013, Cilt: 6 Sayı: 2, 179 - 186, 01.06.2013

Nazlı Can Ülvan

Öz

In modern day states of law, giving people right to litigate in both general trial and administrative court provides the enlargement of the sphere of the judicial participation. Institution of constitiutional complaint, serves to this participation in the aspect of costitutional juristiction at important amounts. According to the article 90/1 of German Constitutional Court Law “Any person who claims that one of his basic rights or one of his rights under Articles (4), 33, 3 8, 101, 103 and 104 of the Basic Law has been violated by public authority may lodge a constitutional complaint with the Federal Constitutional Court.” The purpose of the constitutional complaint is not only protect rights of status navigatus but also rights of status positivus. The first aim of this institution is to protect and improve fundamental rights and freedoms via constitutional juristiction. On the other hand constitutional complaint also has objective functions like keeping the community legal order and developing the constitutional law. Consitional complaint is a legal remedy that intended to resolve violation of fundamental rights. Because of that, with that institution, legislation or paying compensation can not be taken into consideration.