……JUDGE BAYINA
…….
FILE NUMBER :…….
REQUESTED :…….
OPPONENT :…….
CASE :
SUBJECT : Unconstitutional
FACTS : 1- The trial of our client in your court ……. E. will be applied in the case. ……. It is clearly against the Constitution.
I mean:
A-)
B)
C)
2- The first paragraph of Article 152 of the 1982 Constitution, which was published in the Official Gazette dated 25.09.1982 with the Law No. 2707 and made public and final on 07.11.1982, reads as follows: “If the court hearing a case finds the provisions of a law or a decree having the force of law contrary to the Constitution, and if it deems the claim of contradiction put forward by one of the parties to be serious, it shall leave the case until the decision of the Constitutional Court on this matter.”
3-According to this article, if your objection to the Constitution is considered serious by your court, it will be sent to the Constitutional Court for examination of our claim of unconstitutionality, and if our objection is deemed appropriate and accepted by the Supreme Court, this article of the law will be annulled and will no longer be applicable.
4- We request that the file be sent to the Constitutional. Court for a decision on the unconstitutionality of the article related to the reasons explained.
LEGAL REASONS: 152 of the Constitution. article
CONCLUSION OF THE CASE: We request from your court that the file be sent to the Constitutional Court for examination of the claim of unconstitutionality and that the case be postponed until the supreme court’s examination is completed.
THE REQUESTING LAWYER