Articles

The Dispute Resolution Review

I. INTRODUCTION TO THE DISPUTE RESOLUTION FRAMEWORK


Turkey is a unitary republic with a single nationwide legal system. It is a civil law country,
as this term is generally understood in Continental Europe. Codified law, as the main
source of law, adheres to a hierarchical system. The Constitution is naturally at the very
top, with which no law can be at odds. International treaties that are duly ratified and
put into effect carry the force of law, pursuant to Article 90 of the Turkish Constitution.
Moreover, such international treaties are immune to a constitutionality review by the
Constitutional Court. International treaties in the field of fundamental rights and
freedoms enjoy an even higher degree of deference as Article 90 stipulates that provisions
of human rights treaties shall prevail over any conflicting domestic laws. Statutes (i.e.,
laws) enacted by the National Assembly and decree-laws passed by the government come
next in the ranking. These are followed by regulations, by-laws and communiqués passed
by various public authorities.

 

 

The Dispute Resolution Review
Reproduced with permission from Law Business Research Ltd.
This article was first published in The Dispute Resolution Review - Edition 8
(published in February 2016 – editor Jonathan Cotton)
For further information please email
nick.barette@lbresearch.com