Unconstitutionality
…. TO THE HONORABLE JUDGE
…….
FILE NO :…….
REQUESTER :…….
AGAINST PARTY :…….
CASE :
SUBJECT : Unconstitutionality
FACTS : 1- ……. which is pending before your court against our client ……. to be applied in the case numbered E is clearly contrary to the Constitution.
Namely
a-)
b-)
c-)
2-The first paragraph of Article 152 of the 1982 Constitution, which was published in the Official Gazette dated 25.09.1982 pursuant to Law No. 2707 and finalized by popular vote on 07.11.1982, reads as follows : “If the court hearing a case finds the provisions of a law or decree having the force of law to be applied contrary to the Constitution, and if it is of the opinion that the claim of unconstitutionality put forward by one of the parties is serious, it shall postpone the case until the decision of the Constitutional Court on this matter”.
3-According to this article, if our claim of unconstitutionality is found serious by your court, our claim of unconstitutionality is sent to the Constitutional Court for examination, and if our objection is deemed appropriate and accepted by the supreme court, the article of law in question will be annulled and will no longer be applicable.
4- For the reasons explained above, we request that the file be sent to the Constitutional Court to decide on the unconstitutionality of the relevant article.
LEGAL GROUNDS : Article 152 of the Constitution
CONCLUSION OF THE REQUEST: We request your court to send the file to the Constitutional Court for the examination of the unconstitutionality claim and to postpone the case until the end of the Supreme Court’s examination.
REPRESENTATIVE OF THE CLAIMANT
…….
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