22 March 2021
An Unconstitutional Setback
After almost 10 years after ratification, President Erdoğan issued a decision on Saturday, 20 March, withdrawing Turkey from the Istanbul Convention on Preventing and Combating Violence Against Women and Domestic Violence. This withdrawal constitutes an unconstitutional setback, not only in the protection of at risk women, but also in terms of President Erdoğan’s usurpation of legislative powers. Continue reading >>
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16 March 2021
Year One: Reflections on Turkey’s Legal Responses to the COVID-19 Pandemic
Ever since the first officially reported COVID-19 case in the country in March in 2020, Turkey, like most of the world, has taken measures to control the pandemic. The measures taken by Turkey included limitations on freedom of movement, closing schools and moving to online teaching at schools as and universities, restrictions on business opening hours, cessation of prison and detention visits, prohibition of resignation for healthcare staff, and, more stringently, the introduction of curfews. Continue reading >>
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19 February 2021
A Turkish Fairy Tale About a ‘New, Civilian Constitution’
President Recep Tayyip Erdoğan is once again calling for a 'new, civilian constitution', although the previous round of far-reaching constitutional amendments have only been in force for 2.5 years. Due to declining approval rates, the AKP is turning to well-proven populist strategies, initiating debates on the constitution while referring positively to the inclusive constitution of 1921. Despite this rhetoric, the ruling AKP is not interested in a new constitution at all, but rather in specific modifications that will secure their own power. Continue reading >>
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28 January 2021
The Final Death Blow to the Turkish Constitutional Court
On 22 January 2021, Turkish President Erdoğan appointed Mr. İrfan Fidan to the Turkish Constitutional Court. Besides his alleged close ties to Erdoğan, Fidan was the prosecutor of many high-profile criminal cases that have been at the heart of the current backlash against democracy and human rights violations in Turkey - many of which the Constitutional Court overturned. Fidan would be the final blow to shift the balance to fully serve Erdoğan’s interests. Continue reading >>18 November 2020
“Is the Turkish Central Bank Independent?” as an Uninteresting Question
Yes, the Turkish Central Bank’s independence has been eroded in recent years. Yes, from 2016 until now, the Bank has had four different presidents (or governors, as they are called), which is unusual by all accounts. No, the Bank is therefore probably not independent — or as independent — as its Western counterparts. I do not find these somewhat trite but true statements about the Bank’s independence (or the lack thereof) terribly interesting. Not that they are unimportant, but because I think the erosion of the Bank’s independence is illustrative of deeper and far more curious attributes of competitive authoritarian regimes and how they sustain themselves (or fail at doing that). Continue reading >>
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15 April 2020
Fighting COVID-19 – Legal Powers, Risks and the Rule of Law: Turkey
In order to ensure a quick and flexible response in fighting against COVID- 19, Turkish presidency and administration preferred to introduce the measures against the pandemic in the form of circulars instead of declaring a state of emergency. This choice is being criticised for opening the way for arbitrariness and undermining the principle of legality. Continue reading >>
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11 December 2019
Turkey’s Disregard for the Freedom of Movement
Through Emergency Decree Laws and Law no. 7188, the Turkish government has severely restricted the freedom of movement of hundreds of thousands of citizens by cancelling their passports or refusing to issue a new one. These laws and the corresponding practice not only violate the Turkish constitution but also contravene Turkey’s human rights obligations under regional and international law. Continue reading >>
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28 September 2019
Did Turkey’s Recent Emergency Decrees Derogate from the Absolute Rights?
Following a coup attempt by a small group in the Turkish Armed Forces in 2016, the Turkish Government declared a state of emergency for three months. Although it observed procedural rules laid down by national and international law on declaring a state of emergency, the Government's use of the emergency powers contradicts non-derogable rights laid down in the Turkish Constitution, the ICCPR and the ECHR. Continue reading >>25 May 2017
Abusive comparativism: “Pseudo-comparativist” political discourse as a means to legitimizing constitutional change in Turkey
The constitutional amendment process has arguably weakened Turkey’s already-fragile constitutionalist system. This is well known. What is less known and pretty much overlooked is that comparativism and specifically comparative constitutionalism has suffered at the hands of Turkish political elites during the legal and political discussions that preceded the referendum. Continue reading >>
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