Turkish law on the axis of modernism - postmodernism: An analysis through the case-law of the Constitutional Court

The postmodernist understanding of law, developed along with the criticisms of the modernist notion of law, has been showing its effects in Türkiye as well. Although Türkiye has followed a unique process due to its historical and sociological structures, it is an undeniable reality that Turkish law has remained under the influence of the West, especially since the establishment of the Republic. For this reason, examining the pre-modernity, modernity, postmodernity and post-truth phases of the West will help make sense of the position of modern Turkish law, which is firmly grounded in the ideology of modernism. In this study, it is aimed to analyze the general character of Turkish law by questioning its position between modernism and postmodernism, the changes it has undergone and how authentic and stable these changes are. The Constitutional Court which is responsible for protecting the rights and freedoms of the individuals against the state, is one of the most important institutions that can be examined in the character analysis of Turkish law today. This study aims to reveal the positioning of Turkish law between modernism and postmodernism through the decisions of the Constitutional Court, and questions whether the Turkish legal system has a clear, consistent and stable character.