The current study aimed to investigate the case study method of the norm’s effect It is urgent to investigate this topic, because this issue is related to the cases not only in bar exams but also in most cases dealt at the Constitutional Court This ...
The current study aimed to investigate the case study method of the norm’s effect It is urgent to investigate this topic, because this issue is related to the cases not only in bar exams but also in most cases dealt at the Constitutional Court This research is significant in that it is the very first attempt to study this issue.
First, the researcher examined the types of the judicial review on the norms’ effect, for all the cases are related to the actual judicial review Next, he differentiated individual cases (for example, constitutional law, statute, order or regulation) in which the norms’ effect is being discussed, and tried to search the key points on each case.
The main purpose of this study is to suggest the individual case study methods concerning the norms’ effect The study encompasses five points.
1 We have to find out the status and characteristics of norms, which is the object of the norms’ effect.
2 Before the judicial review, it should be interpreted according to the higher norms.
3 Interpretation in higher norms such as constitution should be presupposed.
4 The effect of the unconstitutional decision should be noted according to the result of judicial review.
5 Specific solving methods should be followed according to the judicial review.