26 April 2024
Unfrei, Unfair und Unsicher
Es ist notwendig, sich zu vergegenwärtigen, dass Wahlen mehr umfassen als den bloßen Akt der Stimmenabgabe am Wahltag. Continue reading >>
0 
26 April 2024
Unfree, Unfair, and Insecure
It is essential to recognize that elections encompass more than just the act of casting votes on election day. Continue reading >>
0
06 April 2024
Why Party Bans Often Don’t Work
In July 2008, in an intensely debated and enormously consequential case, Turkey’s Constitutional Court weighed whether to close the ruling Justice and Development Party (AKP) and ban its 71 leading members, including then-Prime Minister Recep Tayyip Erdoğan. Six of the eleven justices voted in favor – falling just one vote short of the super-majority required to dissolve the AKP and bar its leaders from politics for five years. More than 15 years after the AKP closure case, Turkey has experienced significant democratic backsliding, and Erdoğan has secured a third term as president, extending his tenure in office into 2028. Although the tools of “militant democracy” may be useful, the Turkish case suggests that targeted legal interventions, rather than sweeping party bans, may be more effective at safeguarding democracy. Continue reading >>
0
13 March 2024
What is Living and What is Dead in the Turkish Parliament?
On January 30th, 2024, the Turkish Parliament officially revoked the mandate of Can Atalay, an opposition MP representing the earthquake-affected city of Hatay. Atalay's incident, from its inception to the recent parliamentary drama, not only exposes the diminished authority of the Constitutional Court but also exemplifies the tacit cooperation among the regime's loyal officers—judges, MPs, or civil servants. In this subtle network, the Parliament occupies a peculiar place with its distinct symbolism, serving as a fig leaf for authoritarian politics. Continue reading >>
0
23 November 2023
The Individual Application Mechanism is on the Verge of Collapse, and so is Turkish Constitutionalism
Turkey is plunged into yet another profound judicial crisis as the Turkish Constitutional Court (TCC) and the Turkish Court of Cassation (Yargıtay) lock horns over the fate of an imprisoned opposition politician. While two earlier posts published on Verfassungsblog have already meticulously dissected this unfolding judicial drama (here and here), we aim to invigorate the debate with a fresh vantage point. In this piece, we will narrow the focus to one key actor: the TCC. More particularly, we will delve into the implications this evolving judicial crisis holds for the future of the TCC's individual application mechanism. Continue reading >>
0
10 May 2022
De-AKPification
Opinion polls by Turkey’s reputable polling firms consistently indicate that the governing AKP and its de facto coalition partner, the far-right nationalist MHP, are losing their popularity and heading to a potential defeat in the upcoming presidential and parliamentary elections of 2023. As an anti-AKP victory, or at least the real possibility thereof, draws near day by day, a vital question arises: how should opposition forces treat AKP operatives in the judiciary and bureaucracy? Is it possible to “de-AKPify” ex- or soon-to-be-ex-AKP operatives? Continue reading >>11 January 2022
Restoration without the Constitution
After what is now almost a two-decade long rule by the governing party, there are strong indications that a strong reshuffling in Turkish politics is in the works. Support for President Erdogan and his party is declining. I argue, firstly, that it is a combination of factors that has led to this moment of changing fortunes in Turkish politics – a combination that sheds light on what tactics may successfully be employed by opposition forces who wish to put an end to autocracies. Secondly, I claim that constitutional restoration in Turkey does not require formal constitutional change. Continue reading >>
0
30 December 2021
A Matter of Pragmatism rather than Principle
Taking into consideration that the backsliding of Turkish democracy during the last ten to fifteen years happened in a piecemeal and often erratic way, only partially based on constitutional amendments, the reverse process should also be possible by gradual legal and, eventually, constitutional changes. Political pragmatism, based on a clear commitment to basic democratic values and societal reconciliation, might be more important for the sustainable recovery of Turkish democracy than a radical constitutional restart. Continue reading >>
0
19 February 2021
A Turkish Fairy Tale About a ‘New, Civilian Constitution’
President Recep Tayyip Erdoğan is once again calling for a 'new, civilian constitution', although the previous round of far-reaching constitutional amendments have only been in force for 2.5 years. Due to declining approval rates, the AKP is turning to well-proven populist strategies, initiating debates on the constitution while referring positively to the inclusive constitution of 1921. Despite this rhetoric, the ruling AKP is not interested in a new constitution at all, but rather in specific modifications that will secure their own power. Continue reading >>
0
09 September 2020