Constitutional Court of Turkey

Constitutional Court of Turkey
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Court name	Constitutional Court of Turkey
Native name	Türkiye Cumhuriyeti Anayasa Mahkemesi
Caption	Emblem of the Constitutional Court
Established	1961
Location	Ankara
Type	Constitutional review
Authority	Constitution of Turkey
Terms	12 years, non-renewable
Positions	15
Chiefjudgename	Zühtü Arslan
Termstart	2015

Constitutional Court of Turkey. The Constitutional Court of Turkey is the highest legal body for constitutional review in the Republic of Turkey. Established following the 1960 Turkish coup d'état, its primary duty is to examine the constitutionality of laws, decrees, and parliamentary rules. It also functions as a high criminal court for specific offenses and adjudicates individual applications alleging violations of constitutional rights.

History

The court was established by the 1961 Constitution, a document crafted after the military intervention that overthrew the government of Adnan Menderes. This foundational charter aimed to create a robust system of checks and balances, influenced by models like the Constitutional Court of Italy and the German Federal Constitutional Court. Its early jurisprudence was marked by cautious oversight during periods of political instability, including the era preceding the 1980 Turkish coup d'état. The court's role was reconfirmed and its powers, particularly regarding individual applications, were expanded under the 1982 Constitution, drafted under the auspices of the National Security Council led by Kenan Evren.

Composition and structure

The court is composed of fifteen members. The Grand National Assembly of Turkey elects three members from candidates nominated by the Court of Accounts and the Turkish Bar Association, while the President of Turkey selects the remaining twelve from candidates presented by high courts like the Court of Cassation and the Council of State, as well as from among senior academics and public officials. Members serve a single twelve-year term and must retire at age 65. The court is headed by a president and a deputy president, elected from among its members, with current President Zühtü Arslan having previously served as a judge on the European Court of Human Rights.

Jurisdiction and powers

Its core jurisdiction involves the abstract and concrete review of laws, presidential decrees, and the internal regulations of the Grand National Assembly of Turkey for conformity with the constitution. It acts as the High Criminal Court for cases involving the President of Turkey, members of the Council of Ministers, and other high-ranking officials. A critically significant power, added in 2010, allows for individual applications, enabling citizens to directly allege violations of their rights under the European Convention on Human Rights and the constitution, a process similar to that of the German Federal Constitutional Court.

Notable decisions

The court has issued several landmark rulings that have shaped Turkish political and social life. In 2008, it narrowly voted against closing the ruling Justice and Development Party (AKP) for alleged anti-secular activities. It annulled portions of the internet law that granted the Telecommunications Directorate broad blocking authority. In 2016, the court ruled that the rights of deputies from the Peoples' Democratic Party (HDP) had been violated, leading to their release from detention. More recently, it ruled that the blocking of access to Wikipedia violated the freedom of expression.

Relationship with other institutions

The court maintains a complex, often tense relationship with other branches of government. It frequently reviews legislation passed by the Grand National Assembly of Turkey and decrees issued by the President of Turkey. Its decisions can be overridden only by a presidential-supported parliamentary supermajority to amend the constitution. The court's jurisprudence is also closely monitored by the European Court of Human Rights in Strasbourg, and its individual application mechanism serves as a critical domestic remedy within the Council of Europe system. Its interactions with the high judiciary, particularly the Council of Judges and Prosecutors, have been a source of institutional debate.

Criticism and controversies

The court has faced persistent criticism from various political quarters. Secularist factions, including the Republican People's Party (CHP), have historically accused it of being insufficiently vigilant in upholding the foundational secular principles established by Mustafa Kemal Atatürk. Conversely, governing parties like the Justice and Development Party have criticized it for judicial activism and obstructing legislative agendas. International bodies like Amnesty International and Human Rights Watch have at times criticized its rulings on freedom of assembly and expression. The court's composition and appointment process remain subjects of intense political debate concerning its independence and perceived ideological leanings. Category:Constitutional courts Category:National supreme courts Category:1961 establishments in Turkey Category:Government of Turkey