Turkey

in F.M. Palombino (ed.), Duelling for Supremacy: International Law vs. National Fundamental Principles, Cambridge University Press, https://doi.org/10.1017/9781108601245

17 Pages Posted: 9 Mar 2019 Last revised: 29 May 2020

See all articles by Ikboljon Qoraboyev

Ikboljon Qoraboyev

Higher School of Economics of KAZGUU University

Emre Turkut

Hertie School Centre for Fundamental Rights

Date Written: 2019

Abstract

This chapter offers a critical account of how the Turkish (high) courts have approached the complex questions that arise in domestic litigation concerning the relationship between international law and Turkey’s domestic law. The chapter first engages in a theoretical debate and doctrinal exploration on the place of international law in the Turkish domestic legal order. It also provides a brief account of the Turkish constitutional approach to its international obligations, which has been extensively interpreted, implemented and supplemented by the practices of Turkish national legislative and executive organs. Second, and more importantly, it maps the explicit and implicit influence of Turkish constitutional-national principles in Turkish case law vis-à-vis Turkey’s international legal commitments.

Keywords: Turkey, international law, human rights, Turkish Constitution, domestic law

Suggested Citation

Qoraboyev, Ikboljon and Turkut, Emre, Turkey (2019). in F.M. Palombino (ed.), Duelling for Supremacy: International Law vs. National Fundamental Principles, Cambridge University Press, https://doi.org/10.1017/9781108601245, Available at SSRN: https://ssrn.com/abstract=3336938 or http://dx.doi.org/10.2139/ssrn.3336938

Ikboljon Qoraboyev

Higher School of Economics of KAZGUU University ( email )

8 Korgalzhyn
Astana, 010000
Kazakhstan

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