Abstract:

Ministers, meeting under the chairmanship of the President of the Republic, to issue decrees having the force of law on matters necessitated by a state of emergency and martial law . Article 148 of the Constitution states that no action shall be brought before the Constitutional Court alleging the unconstitutionality as to the form or substance of decrees having force of law issued during a state of emergency or martial law. This prohibition of judicial review decreases the true worth of the constitutional guarantees of fundamental rights and freedoms during periods of state of emergency or martial law. However, since 1991, the Constitutional Court has ruled that these decrees are reviewable so as to control whether they are issued within the scope of emergency situations. This article aims to analyze the case law of the Turkish Constitutional Court and assess the jurisdictional developments regarding the decrees having force of law issued during a state of emergency and martial law

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