In Turkish law, norm hierarchy is based on the principle that the upper norm is the source of validity of the lower norm.
Hierarchy (From Top to Bottom)
- Constitution (the highest norm)
- International Agreements — Article 90/5 of the Constitution: If agreements on human rights conflict with domestic law, contract applied
- Law and Presidential Decree (CBK) — on equal footing, private/general and new/old principle in conflict
- Regulation — President, Ministry, public legal entities
- Communiqué, Circular, Directive
Constitutional Court Supervision
of Laws and CBKs The Constitutional Court checks its compliance with the Constitution. If it is found to be contrary, it cancels it.
Control of the Council of State
The Council of State audits the compliance of the regulation and other sub-regulatory transactions with the law and the Constitution.
Hierarchy in Administrative Transactions
Administrative action (e.g. appointment decision) is subject to the regulation; The regulation cannot be contrary to the law. Contradictory transactions are annulled in the administrative court.
Expert support in the field of administrative and constitutional law is recommended.