Secularism and constitutional court

The purpose of this study is to explain the meaning and the content ofsecularism, which is one of the indispensable and unchangeable elements of theTurkish Republic and to display how the Turkish Constitutional Court reflects theprinciple of secularism in its decisions.The first part of the study informs the reader on the definition and historicaldevelopment of secularism. The second part is devoted to the concept of the secularstate and the required conditions for its existence. In this part, the reader also finds adiscussion of whether Religion and Ethics courses required by the Constitution andthe existence of the Department of Religious Affairs within the generaladministration falls in opposition to the structure of the secular state.The third part evaluates the approach of the Constitutional Court to theheadscarf conflict, that has always been on the agenda as cause of frequent disputes.This evaluation also refers to the decision taken by the European Court of HumanRights relating to the topic.The fourth, which is also the last chapter, focuses on the political partiesdissolved by the Constitutional Court on the basis of the opposition with theConstitution and reflects the general attitude of the Constitutional Court towardscases involving the dissolving of parties for reasons concerning secularism.Relations between religion and state vary in every country and so does theprinciple of secularism, which takes on different meanings in different societies atdifferent times. However, since the foundation of the state, secularism has been oneof the most fundamental tenets of the Turkish Republic. The Constitutional Courthas always been very sensitive about the establishment and protection of secularismand it has reflected this sensitivity to all its decisions concerning the issue.