Kemal Gözler, Judicial Review of Constitutional Amendments: A Comparative Study, Bursa, Ekin Press, , XII+ p. Kemal Gözler, a constitutional law scholar, has termed the current state of constitutionalism in Turkey.[2] He argues that Turkey undergoes a. Buy Idare Hukuku (2 Kitap Takim) by Kemal Gozler (ISBN: ) from Amazon's Book Store. Everyday low prices and free delivery on eligible orders.


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In the countries, such as the United Kingdom, Canada, Australia and the Commonwealth countries, where the dualistic theory kemal gozler followed regarding the relationship between international law and national law, the question of the rank of international kemal gozler in the national normative hierarchy is a meaningless question.

This is due to the fact that in dualistic system, the question of hierarchy between international treaties and national norms does kemal gozler arise since the legal norms provided in the international treaties need to be first transformed into national legal order by means of national norms before they can be applied by national courts.

In these countries, national courts apply national norms which transform the international treaties into national legal order, not directly the international treaties.

  • Kemal Gözler, The Question of the Rank of International Treaties in National Hierarchy of Norms
  • Kemal gözler definition | English definition dictionary | Reverso
  • I. Benzerlikleri
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In other terms, at the national level, in the dualistic system, the norms originally included in international treaties and transformed into national legal order are valid as national legal kemal gozler, not as international norms.

But the question of the rank of international treaties in the national normative hierarchy is posed in countries, such as European and Latin American countries, where monistic theory is adopted concerning the relationship between international law and national law. According to this theory, international law and national law are parts of a single legal order.

In monistic vision, kemal gozler treaties ratified by a state become binding at national level as international legal norms, and not as national norms.

In other terms, in monistic vision international treaties continue to exist in national legal kemal gozler as international norms without the need for transformation into kemal gozler norms. In this system, ratified treaties are directly applicable by national courts, as a part of the national legal order.

Therefore, a conflict between an international treaty and national norms can arise before national courts.

Kemal Gözler, Judicial Review of Constitutional Amendments

In the case of such a conflict, which of these rules must be applied by national courts? To answer this question, national courts must first answer the following question: What is the rank of treaties in the national normative hierarchy?

Kemal gozler is known, in the general theory of law, there are three principles to solve a conflict between norms: If there is a hierarchy between conflicting norms, the conflict is kemal gozler according to principle lex superior derogat legi inferiori superior norms suppress inferior norms.


If the conflicting norms hold the same rank in normative hierarchy, the conflict will solved according to the principle lex posterior derogat legi priori later norms suppress earlier norms.

If the conflicted norms are laid kemal gozler at the same time and hold the same rank in normative hierarchy, the conflict will solved according to principle lex specialis derogat legi generali particular norms suppress general norms. To solve a conflict between norms by applying these principles, we must previously know the place of international treaties in normative hierarchy.

But before this, let us look briefly at the theory of hierarchy of norms. In this hierarchy, there are several levels: On the highest level of this kemal gozler is the constitution, on the next level are laws or legislationand on the later level are administrative regulations [2].

A norm is the meaning of an act of will [3].

Hukuka Giriş / Kemal Gözler

An act of will is laid down by an authority. The rank of this norm in the normative hierarchy depends on the rank of its creator author, norm-positing authority in the hierarchy kemal gozler authorities.

A law statute is superior to a regulation, because it is laid down by the legislative organ, while the regulation is laid down kemal gozler an executive or administrative organ. In this hierarchy, an executive or administrative authority cannot modify a law, because law is an act of the legislative organ which is superior to executive or administrative organs.


Likewise, the legislative organ cannot amend a constitution, because the constitution kemal gozler an act of constituent power or of the amending power which are superior to legislative power. If it is ratified by a legislative organ, it will be on the same level as laws in normative hierarchy.

If it is ratified by a majority higher than that required for the kemal gozler of ordinary laws, it will have an authority superior to laws.