Constitutional Court of Turkey

Constitutional Court of Turkey
source
Court name	Constitutional Court of Turkey
Native name	Anayasa Mahkemesi
Established	1961
Jurisdiction	Republic of Turkey
Location	Ankara
Type	Mixed appointment
Authority	Constitution of Turkey
Terms	12 years
Chief judge title	President
Chief judge name	(see composition)

Constitutional Court of Turkey is the highest constitutional review body in the Republic of Turkey, charged with judicial review, constitutional adjudication, and protection of fundamental rights under the 1961 and 1982 Constitution of Turkey. The court sits in Ankara and interacts with institutions such as the Grand National Assembly of Turkey, President of Turkey, Council of State (Turkey), and Court of Cassation (Turkey) while influencing Turkish public law, administrative law, and human rights practice. Its role has been shaped by events including the 1960 Turkish coup d'état, the 1980 Turkish coup d'état, and reforms connected to the European Union accession process and decisions of the European Court of Human Rights.

History

The court was founded after the 1960 Turkish coup d'état by the Constitution of Turkey (1961) as a response to political crises involving figures such as Adnan Menderes and institutions like the Democrat Party (Turkey, 1946–1961), replacing earlier judicial arrangements reflected in the Ottoman Empire legal tradition. During the 1970s and 1980s the court's development intersected with events including the 1971 Turkish military memorandum and the 1980 Turkish coup d'état, leading to restructuring under the Constitution of Turkey (1982) and consequential litigation involving parties such as the Welfare Party (Turkey) and actors like Necmettin Erbakan. Subsequent years saw the court address issues arising from legislation influenced by the European Convention on Human Rights, the European Union–Turkey relations, and domestic reform efforts tied to figures such as Recep Tayyip Erdoğan and reforms promoted by the Justice and Development Party (Turkey).

Jurisdiction and Powers

The court's jurisdiction includes abstract review of laws, concrete review via individual applications, annulment of statutes, dissolution of political parties, adjudication of high officials' impeachment, and protection of rights under the Constitution of Turkey (1982). Its authority derives from constitutional provisions and intersects with bodies like the Constitutional Court of Germany by comparative practice, the European Court of Human Rights through the European Convention on Human Rights, and supranational standards promoted by the Council of Europe. Powers to ban parties have influenced parties such as the People's Labour Party (HEP), Fazilet Party, and Democratic Society Party (DTP), while individual applications have produced remedies echoing jurisprudence from the European Court of Justice and decisions under instruments like the Universal Declaration of Human Rights that inform rights adjudication.

Composition and Appointment

The court is composed of members appointed through mechanisms involving national institutions including the President of Turkey, the Council of Judges and Prosecutors (HSK), and the Grand National Assembly of Turkey, reflecting mixes similar to models found in the French Constitutional Council and the German Federal Constitutional Court. Members serve fixed terms as stipulated in the Constitution of Turkey (1982), and prominent jurists, academics from institutions such as Ankara University, and former judges from the Court of Cassation (Turkey) and the Council of State (Turkey) have served. Appointment controversies have involved political actors like the Justice and Development Party (Turkey) and criticisms referencing standards of judicial independence promoted by organizations such as Amnesty International and Human Rights Watch.

Procedures and Decision-Making

Procedure combines written submissions, oral hearings, and deliberations, with practices comparable to the International Court of Justice for formal structure and the European Court of Human Rights for individual application handling. Cases may be brought by members of the Grand National Assembly of Turkey, judicial organs including the Court of Cassation (Turkey), and individual applicants invoking rights in the Constitution of Turkey (1982). Decisions are rendered by panels and plenary sessions, employing precedent and interpretive methods akin to those used by the Supreme Court of the United States in constitutional matters, and are published for effect on legislation involving ministries such as the Ministry of Justice (Turkey).

Notable Cases and Controversies

Landmark rulings have included dissolution orders against parties like the Welfare Party (Turkey) and sanctions affecting politicians such as Necmettin Erbakan, and more recent rulings addressing party closures, freedom of expression disputes involving journalists linked to outlets such as Cumhuriyet and cases influenced by judgments from the European Court of Human Rights about rights violations. Controversies include debates over judicial independence during periods dominated by the Justice and Development Party (Turkey), public responses invoking civil society organizations like İHD (Human Rights Association) and trade unions including the Turkish Confederation of Trade Unions (TÜRK-İŞ), and tensions over individual application practice following amendments to the Constitution of Turkey (2017).

Relationship with Other Courts and International Law

The court engages in dialogue with domestic courts including the Court of Cassation (Turkey), the Council of State (Turkey), and regional tribunals, while its jurisprudence interacts with international bodies such as the European Court of Human Rights, the United Nations Human Rights Committee, and instruments like the European Convention on Human Rights. Cross-references occur with constitutional courts of other states, comparative law scholarship from institutions like Max Planck Institute for Comparative Public Law and International Law, and decisions under treaties involving entities including the Council of Europe and the United Nations. This transnational exchange shapes Turkish constitutional doctrine on issues ranging from party bans and freedom of assembly to the balance of powers involving the President of Turkey and the Grand National Assembly of Turkey.

Category:Courts in Turkey Category:Constitutional courts Category:Ankara