Abstract:

The article examines the new constitutional (Art. 148) and statutory (Art. 4551 of the Law No. 6216) provisions concerning individual application to the Turkish Constitutional Court. Within this context, the rights and liberties which are protected by the individual application mechanism, the function and nature of the individual application, the types of actions and omissions of State authorities against which the applicant may lodge an application with the Court, the concept of violation, ability to seek remedy through the Constitutional Court, the main states in the process of constitutional review for individual applications (admissibility, review and decision) have been examined and discussed with a view to controversial issues that might arise in the future. Constitutional practice as well as doctrinal positions in various States have also been comparatively pointed out to. While the signifi cance of the institution of the indididual application has been emphasized strongly, the legal lacuna -intentionally left by the lawgiver- concerning individual applications against violations of rights and liberties directly caused by the implementation of unconstitutional laws has been critized

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