The Guardian of the Turkish Constitution: A Special Court

Pasquale Pasquino,Peri Uran

doi:10.5539/jpl.v8n2p88

Abstract

Court-based constitutional review as a way of controlling executive and legislative action is generally considered as one of the most significant developments in post Second World War liberal constitutionalism in the world. Constitutional courts can make a significant contribution to the preservation of the rule of law, the protection of the individual's fundamental rights and the strengthening of democracy as long as they remain independent. Constitutional courts are perceived as important factors of stabilization in many countries characterized by new or fragile democratic systems. Due to their potential role in the establishment and maintenance of constitutional democracies, constitutional courts have been comprehensively studied in the area of constitutional law and politics. In this study, the Turkish Constitutional Court, as one of the oldest and most active in Europe, will be examined in a comparative perspective by considering the interpretation of the historical origins and functions of the Constitutional Courts.

Highlights

Court-based constitutional review as a way of controlling executive and legislative action is generally considered as one of the most significant developments in post Second World War liberal constitutionalism in the world.[1]
Constitutional courts can make a significant contribution to the preservation of the rule of law, the protection of the individual's fundamental rights and the strengthening of democracy as long as they remain independent
Constitutional courts are perceived as important factors of stabilization in many countries characterized by new or fragile democratic systems.[2]. Due to their potential role in the establishment and maintenance of constitutional democracies, constitutional courts have been comprehensively studied in the area of constitutional law and politics.[3]

Summary

The Creation of the Turkish Constitutional Court

In contrast to the decentralized "American model" of constitutional review, whereby all federal courts are empowered to set aside legislation if it violates the constitution and have the authority to adjudicate constitutional issues while resolving legal controversies, the so called "centralized European model" gives the authority of striking down or interpreting and modifying statutory law to a specialized quasi-monopolist[4] court. The new constitution introduced the system of judicial review to ensure the constitutionality of laws, established a second chamber of the legislative assembly, and strengthened the administrative courts and the independence of the judiciary. It provided the universities, Radio and Television Corporation (TRT) with administrative autonomy.[16] the political sovereignty was shared by the elected and non elected agencies

The Activism of the Court

Consecutive Clashes between Government and the Constitutional Court

Tentative Assessment