TURKISH LEGAL SYSTEM IN THE MONISM-DUALISM CONUNDRUM: THE REASONS OF THE DOCTRINAL DISAGREEMENT ON THE VIEWPOINT ON INTERNATIONAL LAW AND A REVIEW IN THE LIGHT OF EU LAW

The theoretical views, which explain international law - internal law relationship from a national law perspective are: the monist view that accepts those two laws as parts of a single body of law; and the dualist view that accepts the two laws as representing two separate and different sets of laws, which exist in completely different planes. The question on which of the two approaches has the Turkish Constitutional system adopted has been the focus of many debates by the legal scholars; yet, as of today, no consensus upon the subject could be reached. Scanning the literature, it is observed that dissimilar opinions that vary immensely have been argued with differing illustrations. Even Turkey’s most notable constitutional law scholars and international law scholars have, from time to time, come up with completely opposite assessments and ended up with opposite conclusions. This paper aims to reveal the reasons for drawing such different conclusions from the same data, and in the light of those findings re-examine the subject with a fresh perspective, hence, contribute to the literature. It is conceived that referring to some of the concepts peculiar to the European Union law might be beneficial to elucidate some notions that are the source of conceptual complexity. Consequently, the conclusion that the Turkish legal system represents the peculiarities of a monist structure will be drawn with its rationales as a result of the re-analysis of the subject