Written Sources Art. 7 of the Constitution of the Turkish Republic: “Legislative power is vested in the Grand National Assembly of Turkey on behalf of Turkish Nation. This power shall not be delegated.” Legislation: making new laws, abolishing old ones and carrying out of reforms. Legislation – enacted law: All legal rules that are in force which are introduced by the organs of the State All written rules introduced by the organs of the State are published in the Official Journal. Hierarchy of Norms The Constitution In the hierarchy of norms the constitution occupies the first place. It’s the supreme law of the country so the other laws cannot be contrary to it. Article 11 of the Constitution of the Turkish Republic: “The provisions of the Constitution are fundamental legal rules binding upon legislative, executive and judicial organs, and administrative authorities and other institutions and individuals. Laws shall not be contrary to the Constitution.”

Statutes – laws – acts – codes The main characteristics: written, general and abstract, continuous Civil Code, Code of Obligations, Commercial Code, Penal Code, Labor Act, Statute on Consumer Protection… Code: a general law on a whole branch of law Statute – Act – Law: a specific law on a specific subject International treaties Dualist view: international law and domestic law are two distinct and separate systems, which exist independently of each other Monist view: domestic and international law form part of a single legal order but tends to treat international law superior Art. 90 of the Constitution of the Turkish Republic: “[i]nternational agreements duly put into effect have the force of law. [i]n the case of a conflict between international agreements, duly put into effect, concerning fundamental rights and freedoms and the laws due to differences in provisions on the same matter, the provisions of international agreements shall prevail”.

Presidential decrees Art. 104 the Constitution of the Turkish Republic: “The President of the Republic may issue presidential decrees on the matters regarding executive power. The fundamental rights, individual rights and duties included in the first and second chapters and the political rights and duties listed in the fourth chapter of the second part of the Constitution shall not be regulated by a presidential decree. No presidential decree shall be issued on the matters which are stipulated in the Constitution to be regulated exclusively by law. In the case of a discrepancy between provisions of the presidential decrees and the laws, the provisions of the laws shall prevail. A presidential decree shall become null and void if the Grand National Assembly of Turkey enacts a law on the same matter.”

Presidential decrees promulgated under the state of emergency Art. 119 the Constitution of the Turkish Republic: “In the event of state of emergency, the President of the Republic may issue presidential decrees on matters necessitated by the state of emergency, notwithstanding the limitations set forth in the second sentence of the seventeenth paragraph of the Article 104. Such decrees which have the force of law shall be published in the Official Gazette, and shall be submitted for approval to the Grand National Assembly of Turkey on the same day. Except in the case of inability of the Grand National Assembly of Turkey to convene due to war or force majeure events, presidential decrees issued during the state of emergency shall be debated and decided in the Grand National Assembly of Turkey within three months. Otherwise presidential decrees issued during the state of emergency shall be annulled automatically”