Judicial and Constitutional Studies

Explores and illustrates how domestic and international factors shape the direction of democratization process with special reference to constitution making process in Turkey. Describes how all five Turkish constitutions were, by and large, the products of indigenous effort, although borrowing could be felt in certain…

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This article draws on an artificial intelligence (AI) technique to predict whether an individual application regarding the Turkish Constitutional Court's public morality and freedom of expression cases leding to a “violation” or a “nonviolation” decision. To this end, four different data sets have been composed, precl…

• İRFAN HAŞLAK

This article draws on an artificial intelligence (AI) technique to predict whether an individual application regarding the Turkish Constitutional Court's public morality and freedom of expression cases leding to a “violation” or a “nonviolation” decision. To this end, four different data sets have been composed, precl…

• MEHMET FATİH SERT

Abstract There is much literature on the diffusion and translation of regulatory agencies from the perspective of formal political models. Ethnographic research of regulation process is, however, much less common. This is even more evident with regards to the study of regulatory agencies established outside the “West.…

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1. Legal framework: Please briefly explain the legal system used in your country. Include information about the type of Constitution (written; unwritten; modifiable by a Constitutional Tribunal, by Supreme Court decisions, by Congress only; etc.) Please do not use more than one page to provide your legal framework. Th…

Recent studies of authoritarianism in Turkey often conceptualize the problem as a move away from the rule of law toward rule by law; that is, law’s political instrumentalization by powerful authoritarian movements or personalities. Informed by the liberal legalist assumption that conceives law and politics as two disp…

• SAYGUN GÖKARIKSEL

Abstract What accounts for the variation in the judiciary's ability to serve as a democratic guardrail under populist rule? This article contends that populist governments use judicial activism against their political agenda to portray courts as institutions that curtail popular sovereignty and subsequently adopt a de…

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• DUYGU HATIPOĞLU AYDIN

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• MUSTAFA BERKAY AYDIN

When the 2011 parliamentary election campaign started, Turkish political parties promised to draft a new constitution in their manifestos. Not surprisingly, after the election, the political parties that gained representation in parliament reiterated this promise to their constituents. Furthermore, hopes for a new con…

• BURAK BİLGEHAN ÖZPEK