Abstract

In this study, individual application to Constitutional Court which made by some political parties, and which is related to article 33/1 of Parliamentary Election Law No 2839 that states “political parties who can not exceed 10% of valid votes of countrywide in general elections and of electoral districts in by-elections can not be represented in the parliament” will be evaluated. Some issues in the jugdement of Constitutional Court which is related to individual petition and is open to question will be urged upon. Constitutional Court decided to inadmissibility of the individual application on the ground of “ratione materiae” and based this decision to article 45/2 of Law on Establishment and Procedure of Constitutional Court No 6216 which inhibits individual petitions on legislative transactions. In fact, article 148/III of Constitution states that any “public power” violation can be subject to individual petition without any restriction. Given the laws are legislative transactions and these are public power transactions, provision on 10% countrywide electional threshold can be subject to individual petition and this is a necessity of constitutional regulation. Therefore judgement of Constitutional Court is incompatible with the constitutional regulation and with this judgement, the possibility of contributing to annulment of aforementioned threshold in judiciary means has not been evaluated.