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The Turkish Constitutional Court and the Justice and Development Party (2002-09)
Journal article   Peer reviewed

The Turkish Constitutional Court and the Justice and Development Party (2002-09)

Hootan Shambayati and Guliz Sutcu
Middle Eastern studies, Vol.48(1), pp.107-123
01-01-2012

Abstract

Constitutional Law Expectations Judicial Decisions Justice Political Parties Presidents Public Opinion Tenure Turkey
This article analyses the caseload of the Turkish Constitutional Court (TCC) during the Justice and Development Party's (JDP) tenure in office (2002-09). Contrary to expectations and public perception, TCC's caseload only showed a modest increase, reflecting increased legislative activity and the President's inability to influence parliamentary debates. As this article shows, judicialization of politics in Turkey preceded the emergence of JDP. Accordingly, it concludes that 'controlled democratization' encourages judicial activism and can lead to 'judicial tutelage' over elected institutions, thus undermining the prospects for democratic deepening. Adapted from the source document.

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