Summary
Highlights
An overview of legal sources, categorized into written (asli), unwritten (asli), and auxiliary (tali) sources. Explains that judges must first refer to written laws, then unwritten customs if necessary.
Defines 'mevzu hukuk' as written law. Discusses customary law (örf ve adet hukuku) and the specific criteria for a practice to be considered a legal custom: certainty, continuity, common belief, and state-sanctioned enforcement.
Explains that auxiliary sources include doctrine and court decisions (içtihat). These are generally not binding, but 'içtihadı birleştirme kararları' (decisions to unify jurisprudence) act as binding legal norms similar to statutes.
Introduction to the Kelsen Pyramid, which ranks legal sources: Constitution at the top, followed by laws and international treaties, then presidential decrees, regulations, and circulars.
Discusses exceptions such as state of emergency decrees having the force of law and the rule where international treaties on fundamental rights and freedoms take precedence over domestic laws in case of conflict.