The basic function of the Constitutional Court, established in the 1961 Constitution, is to examine the constitu-tionality, in both form and substance, of laws, and decrees with the power of law and the Rules of Procedure of the Turkish Grand National Assembly. Other functions of the Court are as follows:
The Court of Appeals is the last instance for reviewing rulings and judgments rendered by Judicial Courts, provided that they are not referred by laws to another place of jurisdiction. It is also the first and final authority for specific cases that are defined in the law. The Court of Appeals reviews the rulings rendered by the Justice Courts, the Criminal Courts, the Examination Courts and renders verdicts upon appeal. The opinions rendered by the Court of Appeals are taken as precedents for legal rulings in the lower courts throughout the country, so that uniform application may be achieved. It is also able to modify its own ruling upon request.
The Council of State is the Superior Court for administrative justice and, as such, is the Court of last instance. It reviews all rulings rendered by Administrative Courts, unless the laws specifically refer them to other judicial authorities. Similar to the Court of Appeals, the Council of State is also the court of first and final instance for specific cases as defined by law. It ensures the consistency of rulings among the administrative courts.
The Council of State is the highest consultative body of the state, and in this capacity, expresses its opinions on draft legislation upon the request of the Prime Minister or the Council of Ministers (Cabinet). It also examines draft regulations and concession contracts. It is responsible for resolving administrative disputes.
The Supreme Council of Public Accounts shall be charged with auditing, on behalf of the Turkish Grand National Assembly, all accounts related to the revenues, expenditures and property of government departments financed by general and subsidiary budgets. No applications for judicial review of its decisions shall be filed in administrative courts.
The Supreme Military Court of Appeals is the court of final instance for all rulings and verdicts rendered by military courts. It is also a court of first and final instance with jurisdiction over certain military personnel, stipulated by law, with responsibility for any specific trials of these persons.
The Supreme Military Administrative Court has jurisdiction over military personnel in administrative or active military service.
The Court of Jurisdictional Conflicts is the final authority to settle disputes concerning the verdicts of the Justice, Administrative or Military Courts. This court is made up of members of the Court of Appeals, the Council of State, the Supreme Military Court of Appeals, and the Military Administrative Court of Appeals.
Military Courts have jurisdiction to try military personnel for military offenses, for offenses committed by them against other military personnel or crimes committed in military places, or for offenses connected with military service and duties.
The Supreme Council of Judges and Public Prosecutors, an independent institution, has the dual function of acting as the Supreme Council of Judges and as a reviewing body for objections. It elects the members of the Supreme Court of Appeals, the Council of State and the Court of Jurisdictional Disputes; decides whether any proposal to abolish a Court or judicial post or change the jurisdictional direction of any court is appropriate; deals with administrative matters concerning judges of the Administrative and Judicial Courts and Public Prosecutors who are not members of the Supreme Court of Appeals or the Council of State.