Sources of Turkish Law

Study Notes

Customary Law: Based on long-standing practices and beliefs, recognized by the state
- Antiquity: Exists for a long time
- Continuity: Consistently practiced
- Popular Belief: Widely accepted as right and just
- State Sanction: Officially recognized by the government
- Agreement with Statutory Law: Doesn't contradict written law
- Function in Criminal Law: Punishes offenders based on customary norms
- Function in Commercial Law: Regulates commercial transactions based on tradition
- Function in International Law: Influences international relations based on established customs

Hierarchy of Enacted Laws:
- Constitution: The supreme law of the land
- Codes and Statutes: Detailed laws on specific subjects
- International Treaties: Agreements between Turkey and other countries
- Presidental Decrees: Issued by the president, particularly in emergencies
  - Decrees Issued in State of Emergency: Temporary measures during exceptional circumstances
  - Presidental Decrees: Used for various purposes within the president's authority
- Bylaws: Regulations issued by local governments

Grammatical Interpretation: Analyzing the literal meaning of words and phrases
Logical Interpretation: Understanding the intent of the law based on its overall structure
Historical Interpretation: Examining the purpose and context of the law when it was created
Teleological Interpretation: Focuses on the intended purpose or goal of the law

Precedents: Not binding in Turkish law but influential in legal decision-making
Constitutional Court: Protects fundamental rights and ensures the constitution is upheld
Court of Cassation: Reviews lower court decisions for legal errors, ensuring uniformity in legal interpretations
Council of State: Deals with disputes about administrative actions, ensures government acts are legal
The Court of Accounts: Reviews public finances and investigates potential financial irregularities
Court of Conflicts: Resolves disputes between judicial bodies

Customary Law:
- Origin: Ancient Practices
- Requirements: Continuously followed, believed to be just, sanctioned by the State, and aligns with statutory law
- Function: Used in various branches of law, like criminal, commercial, and international law
Legislation:
- Hierarchy:
  - Constitution - Foundation of the legal system
  - Codes and Statutes - Detailed laws covering specific areas
  - International Treaties - Agreements with other countries
  - Presidential Decrees:
    - State of Emergency: Issued during emergencies
    - Normal Conditions: Issued in typical circumstances
  - ByLaws: Local regulations
- Interpretation:
  - General Principles: Seeking the true meaning of the law
  - Methods:
    - Grammatical: Literal interpretation of words
    - Logical: Understanding the law's underlying logic
    - Historical: Considering the law's origins and context
    - Teleological: Focusing on the law's purpose
- Enforcement: Legislations must be applied correctly
- Repeal: Laws can be abolished when no longer needed

Precedents in Turkey: Past court decisions influence future cases
Key Courts:
- Constitutional Court: Ensures the constitution is followed
- Court of Cassation: Court of last resort for civil and criminal cases
- Council of State: Deals with administrative law
- Court of Accounts: Supervises public finances
- Court of Conflicts: Solves legal disputes between different jurisdictions

Expert Opinions: Legal scholars' writings and analyses
- Influence legal debates and interpretations.

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