Constitutional Court: Its Limits to Shape Turkish Politics

Cakmak C., DİNÇ C.

INSIGHT TURKEY, cilt.12, sa.4, ss.69-92, 2010 (ESCI) identifier identifier

  • Yayın Türü: Makale / Tam Makale
  • Cilt numarası: 12 Sayı: 4
  • Basım Tarihi: 2010
  • Dergi Adı: INSIGHT TURKEY
  • Derginin Tarandığı İndeksler: Emerging Sources Citation Index (ESCI), Scopus
  • Sayfa Sayıları: ss.69-92
  • Eskişehir Osmangazi Üniversitesi Adresli: Evet

Özet

This paper argues that the Turkish Constitutional Court acts within a set of limitations which significantly affect its final judgments. The court's major consideration and motivation in its deliberations over political cases has primarily been to guard the regime and order, as defined and outlined by a fairly prostate interpretation. To study the Court's involvement in political cases, this study examines two types of cases, which will help identify the parameters restricting the Court's ability to proceed with its expected role. In party closure cases, the Court has considered the probable threat posed by the political party under review; accordingly, its rulings have mostly been in line with the prosecutor's indictment. The same also applies to cases concerning the headscarf ban, a sensitive issue that could be seen as a fault line in Turkey's social and political life.