Downhill All The Way - Turkey and a New Chapter in its Routinized Constitutional Crises Erhan, Doruk Author aut Text xx# 2023 Verfassungsblog 2023-11-15 eng
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 On November 8th, the 3rd Criminal Chamber of Turkey's Court of Cassation, the nation's apex court for civil and criminal matters, defied the Constitutional Court (the TCC) and explicitly accused it of engaging in “judicial activism.” The judicial feud between the two high courts stemmed from the individual application of Can Atalay, an opposition MP from the Workers Party of Turkey (TİP), challenging his ongoing imprisonment despite obtaining parliamentary immunity in the May 2023 elections. Indeed, the 3rd Chamber's wholly ungrounded defiance is a failure of the constitutional order, illustrating how the Constitution no longer serves its core function of authoritatively channeling, restraining, and organizing state power. However, the Atalay controversy is neither unprecedented nor a true turning point in Turkey's ailing democracy—it is just another symptom of a deepening dysfunction. CC BY-SA 4.0 Erhan, Doruk Constitutional Crisis Turkish Constitutional Court 342 https://verfassungsblog.de/downhill-all-the-way/ Verfassungsblog 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.59704/3c700fa1884f2ad3 231115 10.59704/3c700fa1884f2ad3 Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)