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The relation between politics and law in the nation state and the judicialization of politics

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2025
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Abstract (EN)

In this study, the relationship between politics and law and the process of judicialization of politics in the nation state have been examined. Since the definition of politics as a concept can vary among descriptors and each political system can have its own different conceptualization of politics, the study has been limited to the nation state. Firstly, the meaning of concepts, communication and politics as a concept have been analyzed. After this analysis, differences of the characteristics of politics between the nation state and its predecessors have been shown. After the analyses related to politics; the functions of political mechanisms, law and judiciary in the nation state have been examined and, in this way, it has been concluded that there can be a theoretical distinction between the political function the judicial function, even though the judicial function has a "complementary" effect on politics. The judicial function supplements the rules that have been made by politics by providing the will of the sovereign while converting legal texts into legal norms. At the end of this analysis, after mentioning the difference between the politicization of the judiciary and the judicialization of politics, it has been shown that by judicialization of politics, the transformative effect of the judicial function on the rules produced by politics goes beyond what an effect could be called complementary. The study was concluded with a general analysis of the conditions and consequences of this phenomenon.

Author

İzan Meriç Tatlısu

How to Cite

İzan Meriç Tatlısu (Doctorate thesis). The relation between politics and law in the nation state and the judicialization of politics, 2025, Pamukkale University.

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