Manufacturing consent through law: The case of the European Court of Human Rights

This study examines the multidimensional nature of the concept of consent by exploring its relationships with various disciplines and schools of thought. Consent is evaluated not only as an individual expression of will but also as a foundational element of social and legal order. Psychology, philosophy, and sociology provide a fundamental framework for understanding the role of consent in power and authority relations. In this context, the study investigates how the quest for legitimacy by authority is shaped through the process of manufacturing consent. The research explains the mechanisms of manufacturing consent on a theoretical basis and reveals how these processes function within legal and judicial systems. Manufacturing consent is significant not only in interpersonal relations but also in the interactions between states and international institutions. The study focuses on how hegemonic powers in modern societies mutually engage in dynamic interactions to sustain legitimacy and manufacture consent. The European Court of Human Rights (ECHR) is used as a case study to understand how these processes operate in practice. The ECHR's decisions, structural characteristics, and political implications are evaluated within the framework of manufacturing consent, and the interaction between the Court and Council of Europe member states is analyzed. However, the study does not center solely on the ECHR but aims to present a broader theoretical framework regarding the concept of consent and its mechanisms. Considering the lack of critical approaches in the Turkish literature addressing consent in the context of law and judiciary, this study seeks to provide both theoretical and practical contributions. Conducted through a critical and interdisciplinary method, this research emphasizes the importance of manufacturing consent in social and legal contexts.