The Constitutional Court of Turkey

Between Legal and Political Reasoning
Nomos, 1. Edition 2022, 720 Pages
The product is part of the series Politik und Recht
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€149.00
ISBN 978-3-8487-4632-3
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ISBN 978-3-8452-8862-8
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Description
This interdisciplinary study portrays the Constitutional Court of Turkey, which has asserted itself for 60 years in a political system marked by repeated episodes of authoritarianism. The book reconstructs the incomplete institutionalisation of the court as well as essential dogmatic lines of conflict and methodological inconsistencies in its jurisprudence. The authors’ detailed analysis and documentation of fifty key decisions proves the court's general commitment to the rule of law and democracy, but it equally highlights the glaring discrepancies and contradictions in its decisions. As a result, this seminal work provides conceptual insights into the role of constitutional courts in the grey zone between democracy and autocracy far beyond the Turkish case.
Bibliographical data
Bibliographical data
Edition 1
ISBN 978-3-8487-4632-3
Subtitle Between Legal and Political Reasoning
Publication Date Dec 12, 2022
Year of Publication 2022
Publisher Nomos
Format Softcover
Language englisch
Pages 720
Copyright Year 2022
Medium Book
Product Type Scientific literature
Reviews
»In an era marked by a global resurgence of authoritarianism, populism, and debates about the weakening role of constitutional courts this book arrives quite timely. With its critical analysis of Turkey's Constitutional Court, the book provides useful insights, shedding light on the Court's history, its case-law, and its influence on Turkish constitutional order.«
Dr. İlker Gökhan Sen, VRÜ 3/2023, 659

»[...] the book delivers an indispensable critical examination of Turkey's Constitutional Court, its evolution, and its influence on Turkey's constitutional order, offering key insights relevant to the contemporary comparative studies concerning the role of constitutional courts.«
Dr. İlker Gökhan Sen, VRÜ 3/2023, 662

»Thanks to the able efforts of its authors, we finally have, in a single volume, a monograph and a casebook on the Turkish Constitutional Court (henceforth the Court).«
Cem Tecimer, European Public Law 1/2023, 3

»We [...] have before us the most extensive study on the Turkish Constitutional Court as of yet. All future works on the Court will need to engage and grapple with its findings.«
Cem Tecimer, European Public Law 1/2023, 7

»With its insightful analyses, the collection of case law it makes accessible, as well as its highly informative tables, the Constitutional Court of Turkey – Between Legal and Political Reasoning provides the groundwork for such further discussions.
Overall, it offers a groundbreaking intervention in the literature on the AYM as to its role and functions in the political and legal history of Turkey. As such, it also makes a valuable contribution to broader discussions on the possible roles and limits of the constitutional courts within difficult and rapidly changing political contexts«
Esra Demir-Gürsel, Zeitschrift für Rechtssoziologie 2/2023, 6
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