Master'sOpen Access

Negative attitude of the Constitutional Court in judicial activism

2019
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Advisor: Dr. Öğr. Üyesi Hüseyin Murat Işık

Abstract (EN)

The aim of this study is to investigate the activist attitude of the Turkish Constitutional Court, which overcomes its authority in some of its decisions and the reasons that lead the Court to this position. Therefore, this study examines the negative attitudes of the Turkish Constitutional Court in judicial activism and the reasons that lead the Court to this attitude. Accordingly, the study consists of two parts and the conclusion part except the introduction part which touches on its purpose and scope. In the first chapter, primarly, the concept of constitutional jurisdiction and the theoretical and practical reasons that reveal this concept are examined. Then, the establishment, structure, status, duties and competence of the Turkish Constitutional Court, which emerged as a constitutional jurisdiction body, are discussed. In the second part of the study, some important decisions of the Turkish Constitutional Court, which attracts the attention of the public, are examined and the discussions around these decisions are discussed. As a result of the investigation, it was observed that the Court has taken an activist attitude by acting on the official ideology of the state on some issues and on the basis of the demands of strong political power.

Author

Dr. Tayyip Çakırci

How to Cite

Tayyip Çakırci (Master Thesis). Negative attitude of the Constitutional Court in judicial activism, 2019, Dicle University.

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