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Understanding the context of the Constitutional Court of the state of secularism in Turkey, individual, community relations

2022
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Advisor: Doç. Dr. Ahmet Bekmen

Abstract (EN)

Secularism is generally defined as the separation of religion and state affairs and it is said that secularism is the most important of Atatürk's revolutions which entered into the constitution in 1937. The concept of secularism, which entered the constitution in 1937, can be traced back to different periods of the Ottoman Empire according to different interpretations. The Constitutional Court, the highest court of the state their views on the secular Republic of Turkey as to be able to explain the legal grounds. However, there are some changes in the judicial decisions of the Constitutional Court on secularism. While the Constitutional Court once made decisions requiring not only the state but also the society to be secular, in its more recent decisions it states that secularism is a principle that preserves the neutral position of the state to religions. This study shows that the Constitutional Court's different interpretations of secularism cannot be understood independently from Turkish political life, as the Constitutional Court decisions can affect politics, and politics can affect the Constitutional Court enough to change the structure of the Constitutional Court as in the 2010 Constitutional Referendum. This study is of the opinion that this kind of analysis can be done by examining the decisions of the Constitutional Court with Turkish political life. This study aims to examine the interaction between Turkish political life and the Constitutional Court in the changing perception of the concept of secularism in the views of the state, individual and society, and how deep it takes place.

Author

Dr. Burak Gençoğlu

How to Cite

Burak Gençoğlu (Master Thesis). Understanding the context of the Constitutional Court of the state of secularism in Turkey, individual, community relations, 2022, İstanbul University.

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