Özet:

The 1982 Constitution (articles 175 and 148) has granted Turkish National Assembly the right to amend the constitution and authorized the Constitutional Court to examine amendments with regard to their form. The Court is entitled to declare such amendments null and void. The scope of the Courts examination is restricted to consideration of whether an amendment meet certain criteria with regard to form prescribed by the Constitution, that are whether the requisite majorities were obtained for the proposal and in the ballot, and whether the prohibition on debates under urgent procedure was complied with. The Law 5735, dated 9.2.2008 and amended the articles 10 and 42 of the Constitution, has been declared null and void by the Constitutional Court following its examination by the Court in respect of its form. The relevant Court decision has not established the failure of the Law 5735 to meet the criteria of obtaining the requisite majorities for the proposal and in the ballot and the prohibition on debates under urgent procedure. The Courts decision has pointed out that the Law 5735 was declared unconstitutional on the ground that it contravened the provisions of the three irrevocable articles of the Constitution, effectively amounting the Courts decision to the examination and verifi cation of the constitutional amendment with regard to substance. This study dwells on the scope of Constitutional Courts authority to review constitutional amendments with regard to form

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