The Role of Turkish Constitutional Court in the Democratization Process of Turkey: From 2002 to Present
in: Constitutionalism in a Plural World, Botelho C. S., Terrinha, L. H., Coutinho P., Editor, Universidade Católica Editora, Porto, pp.139-155, 2018
- Publication Type: Book Chapter / Chapter Research Book
- Publication Date: 2018
- Publisher: Universidade Católica Editora
- City: Porto
- Page Numbers: pp.139-155
- Editors: Botelho C. S., Terrinha, L. H., Coutinho P., Editor
- Open Archive Collection: AVESIS Open Access Collection
- Istanbul University Affiliated: Yes
Abstract
Since its establishment in 1961, the Turkish Constitutional Court has been seen as the guard of democratic principles on the one hand but also one of the main obstacles for the
democratization process on the other. Nevertheless, it was seen mostly as the protector of
democratic values and ideals –by contrast with its past- between the years of 2002 and 2015. In this context, the Court dramatically changed its “state-sided” rights attitude and
dissolution practice towards political parties. After the incorporation of individual
application procedure into Turkish legal system in 2010, the Court even started to undertake protective role and gave sensational decisions which made tremendous impressions and were applauded by various political and non-political actors. However, this practice started to change in the other way around after 2015. The Court started to decline from its protective role and choose a passive attitude towards the protection of the basic rights and freedoms.
Keywords: Turkish Constitutional Court, State of emergency in Turkey, Dissolution of
political parties, Constitutional complaint in Turkey, Judicial review, Twitter ban, YouTube
ban, Arrested deputies, Emergency decrees in Turkey.