24 April 2025
Criminalising the Legal Profession
Lawyers and bar associations in Turkey have long faced political and legal pressure. The court case against the Istanbul Bar Association that led to the dismissal of its executive board and the criminal prosecution of board members is another troubling instance of such pressure. The case exemplifies how authoritarian regimes increasingly criminalise lawyers and professional organisations that speak out against rights violations. Continue reading >>
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14 November 2023
The Rule of Arbitrariness as the New Constitutional Order in Turkey
Nearly two weeks after the 100th-anniversary celebrations of the Republic, Turkey's constitutional order faced one of the most significant judicial crises in its history when the Court of Cassation, the highest court of ordinary jurisdiction, and the Turkish Constitutional Court (TCC) clashed over the fate of imprisoned opposition politician Can Atalay. How should we interpret this constitutional crisis? Is it the death of constitutionalism in Turkey? Is it an attempt to test the boundaries of legitimacy before establishing the rules of a new constitutional order? Continue reading >>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 >>
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