Abstract:

Kanun-i Esasi, dated 1876, the first constitution of Turkish legal history, was described as a rigid constitution as it provided a different way to make the constitutional amendments and also adopted the principles of supremacy and binding force of the constitution. However, the 1876 Constitution did not have provisions establishing judicial review. On the other hand, the first Ottoman parliament was composed of the chambers (the Senate and the Chamber of the Deputy) and the political review of the constitutionality of laws was carried out by the Senate. In this regard, there were many discussions on unconstitutionality about the fundamental organs of the State and human rights in Ottoman parliament during the First and Second Constitutional Era. In the period of 1924 Constitution, while the possibility of establishing an American model of judicial review in Turkey was argued, all the discussions from Ottoman era were formed the basis for them. Therefore, when judicial review system was accepted with the 1961 Constitution, it was understood that the debates on judicial review had a long history from the Ottoman period in the Turkish legal system.

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