Blog of the International Journal of Constitutional Law

Tag: Turkey

  • Unconstitutional Constitutional Changes and President’s Term Limit Evasion: a Series of Constitutional Frauds in Turkey

    —Neslihan Çetin, PhD candidate at the University of Paris I Panthéon-Sorbonne Presidential and parliamentary elections in Turkey will take place in 2023. The debate around the presidential candidacy of Recep Tayyip Erdoğan is particularly impassioned among jurists in Turkey. Notwithstanding the recent announcements by the government-party AKP spokespersons of his candidacy, the question is whether he could run for office for the third time while the Constitution sets a two-term limit for the presidency.

  • Legal Possibilities in the Dissolution Case against the Peoples’ Democratic Party in Turkey

    —Tolga Şirin, Associate Professor of Constitutional Law, Marmara University, Turkey. Turkish politics involves a graveyard of political parties, which have been dissolved since the Republic’s early years. Unfortunately, the world record in this regard probably belongs to Turkey, where the courts have, so far, dissolved at least twenty-four political parties with communist, Islamist, or pro-Kurdish tendencies.[1]

  • How Many Times can Erdoğan be a Presidential Candidate?

    —Tolga Şirin, Associate Professor of Constitutional Law, Marmara University, Turkey. Turkey’s new ‘presidentialism alla Turca’ has almost completed its fourth and a half years. The constitutional amendment supporters in the 2017 referendum claimed that the new system would stabilize and strengthen the country and bring a breakthrough in the economic and legal fields.

  • Turkey’s Withdrawal from the Istanbul Convention

    —Nazlicicek Semercioglu, PhD candidate, Bocconi University, Italy. The Turkish President’s decision concerning Turkey’s withdrawal from the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (“Istanbul Convention”) that was taken on the basis of the Presidential Decree no.

  • Understanding Turkey’s Restructured System for Judicial Appointments and Promotions

    —Dr. Ali Dursun Ulusoy, Professor of Law at Ankara University, Former Justice of Turkish Council of State (Danistay), Visiting Scholar, UCLA Law[*] In some countries including Turkey, a special board of judges (and prosecutors) is in charge of nationwide appointments (for everything from regional to apex courts), reshuffles, reassignments, removals and disciplinary procedures of judges (and prosecutors).

  • Constitutional Amendments in an Age of Populism (I-CONnect Column)

    —Aslı Bâli, UCLA School of Law [Editor’s note: This is one of our biweekly I-CONnect columns. Columns, while scholarly in accordance with the tone of the blog and about the same length as a normal blog post, are a bit more “op-ed” in nature than standard posts.

  • Distinguishing Among Referenda (I-CONnect Column)

    —Aslı Bâli, UCLA School of Law [Editor’s note: This is one of our biweekly I-CONnect columns. Columns, while scholarly in accordance with the tone of the blog and about the same length as a normal blog post, are a bit more “op-ed” in nature than standard posts.

  • What’s at Stake in the Turkish Constitutional Amendment Proposal

    –Ilayda Gunes, The University of Chicago Law School In the wake of the failed coup attempt of July 15, 2016, Turkey has been struggling to heal its wounds under a state of emergency. Apart from the loss of hundreds of lives and more than 2,000 injured in clashes during the abortive coup, the country has also been facing a string of terrorist attacks from the Islamic State (ISIS) and the Kurdistan Workers’ Party (PKK).

  • Comparative Law in the Age of Trump (I-CONnect Column)

    —Aslı Bâli, UCLA School of Law [Editor’s note: This is one of our biweekly I-CONnect columns. Columns, while scholarly in accordance with the tone of the blog and about the same length as a normal blog post, are a bit more “op-ed” in nature than standard posts.

  • “De-constitutionalism” in Turkey?

    –Dr. Ali Acar, Ph.D. in Law, EUI Can “de-” be a modifier to describe the constitutionalism in a country? [1] This is what Prof. Kemal Gözler, a constitutional law scholar, has termed the current state of constitutionalism in Turkey.[2] He argues that Turkey undergoes a process of de-constitutionalism through various ways and practices of constitutional bad faith, referring to David Pozen’s recent article published in Harvard Law Review.[3]