President of the Constitutional Court of the Republic of Türkiye Kadir Özkaya delivered a speech at an international conference held in Baku, Azerbaijan. In his speech, Mr. Özkaya highlighted that individual applications are no longer just an instrument to address human rights violations, they have become a driving force of the constitutionalization of law. He added: “The individual application process has become both a system and the guarantee of the constitutionalization of law.”

The conference, titled “Modern Tendencies in Ensuring the Supremacy of Constitution through Implementation of Constitutional Justice,” was organized by the Constitutional Court of the Republic of Azerbaijan on 16 July 2025 in Baku in celebration of the 30th anniversary of Constitution of the Republic of Azerbaijan. President Özkaya was accompanied by Constitutional Court members Rıdvan Güleç and İrfan Fidan, Deputy Secretary-General Yılmaz Çınar, and Director of International Relations Department Korhan Pekcan.

Supremacy of the Constitution: The Foundation of Democracy

Delivering a speech titled “The Transformative Effect of Individual Application and the Constitutionalization of Law,” President Özkaya designated the principle of constitutional supremacy as the foundation of democratic governance. “If a person pursues for longevity, he must be just. The same is true for states. Justice sustains longevity,” he said.

Pointing out that constitutions are much more than legal documents and they are expressions of shared societal values and collective vision for the future; President Özkaya indicated: “Constitutions are foundational texts that enshrine the core philosophy of the state, define institutional structures, and carve out the relationship between the individual and the state. Constitutional norms prevail over all other legal provisions.”

The individual application mechanism has become both the driving force and the guardian of the constitutionalization of law

Touching upon Türkiye’s constitutional justice model, President Özkaya explained that the Constitutional Court exercises two primary forms of review: norm review and individual application mechanism. “Through individual applications, our Court not only determines whether a person’s fundamental rights have been violated; but also assesses whether public authorities and judicial bodies are interpreting legal norms in line with the Constitution.”

Emphasizing that the individual application mechanism has evolved into a vital instrument for reinforcing the constitutionalization of law, Mr. Özkaya stated: “The individual application mechanism has become both the driving force and the guardian of the constitutionalization of law. The principle of interpretation in accordance with the Constitution has moved beyond theoretical concept and grown into a justiciable standard that can be enforced in concrete cases.  This is the most remarkable transformation of the modern constitutional justice.”

The Turkish Constitutional Court has earned a distinguished place not only in the national legal system but also within the international constitutional community

Indicating that constitutional courts of today not only engage with domestic constitutional norms but also with international human rights instruments and jurisprudence, Mr. Özkaya pointed out: “We believe this engagement will foster the development of a universal standard in the protection of fundamental rights. The Turkish Constitutional Court, in this respect, has earned a distinguished place not only in our national legal system but also within the international constitutional community, particularly through its decisions on human rights and constitutional supremacy.”

Emphasizing that constitutional courts must be in touch closely with society, President Özkaya said: “Constitutional decisions must be comprehensible and accessible to the wider public to raise constitutional awareness. Constitutional decisions written in clear and understandable language appealing not only to legal professionals but also to all citizens enhance the social legitimacy of the judiciary and encourage a deeper connection between citizens and the Constitution.”

In relation to developments in the field of international constitutional justice, President Özkaya underlined the significance of the Conference of Constitutional Jurisdictions of the Turkic World (TÜRK-AY), which aims to institutionalize constitutional dialogue and cooperation among Turkic nations. He added: “TÜRK-AY is not only represents a platform for professional solidarity but also it is a symbol of a profound sense of legal brotherhood rooted in shared constitutional values.”

Congratulating the 30th Anniversary of the Constitution of the Republic of Azerbaijan, President Özkaya expressed his belief that the close cooperation between constitutional courts will only grow stronger in the years to come.