Türk Siyasal Hayatında Anayasa Yargısı-Siyaset İlişkisi: Türk Anayasa Mahkemesi
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Tarih
2021
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info:eu-repo/semantics/openAccess
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Abstract: Constitutional courts are often criticized for not being impartial or exceeding their jurisdictional
authority in matters related to the politics. The general views and evaluations requiring the constitutional
courts to be independent and impartial have also supported the claim that courts’ activism in political life
poses problems, and those claims can be read as one of the grounds on which the criticisms are placed. Thus,
the areas of discussion and criticism focusing on the position of the constitutional courts in political system
also generate the ground that the legitimacy of relationship between politics and constitutional jurisdiction is
measured and the efforts to determine the jurisdictional authoity take place. Hence, the study which primarily
focuses on the relationship between constitutional jurisdiction and politics in Turkey, aims to specify the
areas of discussion and criticism by analyzing the outputs of the Turkish Constitutional Court. It also deals
with discussions specific to Turkey in the relevant literature by addressing the theoretical explanations about
the emergence and development of the constitutional courts. The main argument of this study claims that the
Court has operated as an institution restraining its “other” from political sphere from its foundation years to
the end of the twientieth century, although constitutional jurisdiction theory requires limiting the political
power in favor of citizens on the basis of rule of law. Those outputs of the Court related with politics are
explained by using of its founding logic, structural characteristics and political outputs. After all, this study
advocates that official ideology as its founder and safety concerns of Turkish bureaucratic elite have mainly
shaped the structure of the Court and its impacts on political life. In addition, the Court have taken protecting
regime’s security on as a duty quite a while.
Structured Abstract: Besides its other aspects, the judiciary system of the states consists several rules that
limit political authority in favor of citizens in democratic regimes. The constitutional jurisdiction, as a part of
the judiciary organ of the state, has also significant roles considering the legitimacy of the state and the
political authority where main priciples of the state of law are adopted. To protect fundamental rights and
liberties, to provide fair political power competition and to limit political power authority excess can be given
as other functions of the constitutional courts in democratic regimes. However, constitutional courts are often
criticized on the grounds that they do not behave in the ways that democracy required. The content of critics
generally consist of issues such as the interpretation of constitutions in a way that does not comlpy with the
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Yıldırım, U. T. (2021). Türk siyasal hayatında Anayasa yargısı-siyaset ilişkisi: Türk Anayasa
Mahkemesi üzerinden bir değerlendirme. Turkish Studies - Economy, 16(1), 571-587.
