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Abstract


THE PROBLEM OF POSITIONING OF THE INTERNATIONAL TREATIES IN THE TURKISH CODE ACCORDING TO ARTICLE 90 OF THE 1982 CONSTITUTION

International treaties arising from relations between states, also bring about the subject of positioning of states in domestic law. The place of international law and thus international treaties in domestic law, both in terms of international responsibility of the state and membership of international organizations are becoming more and more important. When we look at the 1982 Constitution for the ranking of domestic law-international law , which is one of the most important issues, article 90 of the Constitution is not enough understandable about the priority so there are different opinions in the doctrine and court decisions. Especially the issue of executing of Turkish domestic law is related to position of the treaties in the area of hiearchy of the norms and the clarifity has been wanted to obtain to that subject with the recent sentence, which added to the last sub-article of ninetieth article of the constitutiton. Although there has been a continuing debate related to subject of the interpretation of the ninetieth article of the constitution, it has been accepted that the international treaties, which are related to fundamental rights and freedoms, have been put into different position with the last sentence, that was added to the article in 2004.



Keywords
International treaty, domestic law, international law, constitution, article 90.



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