Allegation Of Unconstitutionality
Insert Court Information] TO THE COURT
FILE NO: [Enter File No information]
REQUESTING : [insert name]
AGAINST PARTY: [insert name]
CASE
SUBJECT: Unconstitutionality
FACTS : 1-The case against our client pending before your court ……. E numbered
……. to be applied in the case It is clearly contrary to the Constitution.
Namely
a-)
b-)
c-)
2-In accordance with Law No. 2707, the Official Gazette dated 25.09.1982
1982, which was published in the issue and finalized by referendum on 07.11.1982
The first paragraph of Article 152 of the Constitution reads as follows: “A court hearing a case,
the provisions of a law or decree-law applicable to the Constitution
and if it considers that the unconstitutionality claim raised by one of the parties is serious
the Constitutional Court’s decision on this matter, until the Constitutional Court’s decision on this matter
shall defer the case”.
3-According to this article, our claim of unconstitutionality is serious
and sent to the Constitutional Court to examine our claim of unconstitutionality and
If our objection is deemed appropriate and accepted by the supreme court, the article in question will be annulled.
and there will be no possibility of implementation.
4- For the reasons explained above, regarding the unconstitutionality of the relevant article
We request that the file be sent to the Constitutional Court for a decision.
LEGAL GROUNDS : Article 152 of the Constitution
CONCLUSION OF THE REQUEST : In order for your Court to examine the unconstitutionality claim
the case be sent to the Constitutional Court, and the case be sent to the end of the Supreme Court’s examination.
to be postponed until the end of the trial.
REQUESTOR’S REPRESENTATIVE
[Enter proxy information]