Search Warrant Authorization Request
……………… COURT
FILE NO:
REQUESTER :
TC IDENTITY NUMBER :
ADDRESS :
PROXY :
ADDRESS :
AGAINST PARTY :
TC IDENTITY NUMBER :
ADDRESS :
AGENT :
ADDRESS :
SUBJECT : Constitutionality Objection.
EXPLANATIONS :
1- The ……., which will be applied in the file numbered …/… Esas, which is pending before your court against our client is clearly against the Constitution.
Namely
a-)
b-)
c-)
2- The first paragraph of Article 152 of the Constitution of the Republic of Turkey No. 2709 (1982 Constitution) reads as follows: “If the court hearing a case finds the provisions of a law or a 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 your court finds our claim of unconstitutionality serious, sends our claim of unconstitutionality to the Constitutional Court for examination, and if our objection is deemed appropriate and accepted by the supreme court, the article in question will be annulled and will no longer be applicable. Because the implementation of the article in question will cause serious damages for our client.
4- For the reasons explained, it has become necessary to request that the file be sent to the Constitutional Court to decide on the unconstitutionality of the relevant article.
LEGAL GROUNDS : 2709 S. K. art. 152 and related legislation.
REQUEST AND CONCLUSION : We request your Court to send the file to the Constitutional Court for the examination of the claim of unconstitutionality and to decide to postpone the case in hand until the end of the Supreme Court’s examination. …/…/…
Counsel for the Plaintiff
…………………………….