A critical review on laicism in Turkey: Constitutional Court decision on laicism

ABSTRACT The fact that a state is a democratic state of law in a real sense depends on not acting according to a religion while putting a rule, not entering a religion-based structure. To put it another way, the democratic state must be in a secular structure that separates religion and state from each other. The purpose of this study is to explain the concept of secularism, to show how the Turkish Constitutional Court deals with the secularism principle, how to make a meaning to this principle, and to make an assessment of the concept of secularism. In making this assessment, important decisions regarding the issue were examined day by day, and tried to put forward the understanding of the secularism of the Court. Our work consists of three parts. In the first chapter; the definition of secularism has been made and the historical development in the world has been mentioned. Later, after briefly addressing the discussion in Political Science, the secularist arrangements in some countries were examined more closely and the constitutional arrangements were briefly examined. Finally, the historical development of secularism in Turkey is emphasized. In the second chapter; The issue of secularism in the Turkish legal system has been examined extensively. Here, freedom of religion was explained from the elements of secularism, and the elements of freedom of religion and freedom of worship contained in it were tried to be explained. Another element of secularism, the separation of religion and state affairs, was explained and its subordinate elements were examined. In the third chapter; Law, State of Law, Constitution, Constitutional Court, History of Turkish Constitution. 1876 Constitution, the 1921 Constitution, the 1924 Constitution, the 1961 Constitution and the 1982 Constitution were discussed briefly. Various judgments of the Court on secularism have been examined. From these resolutions, the Court tried to put forward the concept of secularism that the Court adopted from the past to the present day. These; Decision to Closure of the Milli Nizam Party (MNP), Decision on the Presidency of the Presidency of Religious Affairs in the State Organization, Revocation of the "semavi dinler" İbaresin Instead of the "state-recognized religions" in Articles 175 and 176 of the Old Turkish Penal Code, Decision to close the Refah Party (RP), Fazilet Party (FP) Closure Case, Cancellation Decision Toward the Amendment of the Constitution to Introduce Freedom to the Headscarf, Adalet ve Kalkınma Party(AKP) Closure Case The Decision (Decision dated 30.07.2008 and E.2008 / 1, Decision No.2008 / 2) has been examined. Afterwards, the case-law of the Constitutional Court was examined and tried to put forward the opinions of the Court on secularism. Thus, we hope to contribute to the clarification of secularism, the state of religion and religion-politics in a broader sense, which continue to shape Turkish Political Life. Our work has been completed in the result section. Primary and secondary sources were used as references in the creation of our work. The legal texts of the Constitution, especially the Constitutional Court's decisions on the issue, are examined. As a secondary source, a broad literature search was conducted and partly exploited in the part concerned with our position on political science and constitutional law disciplines. Key Words: Secularism - Secular State – Secularism - Freedom of Religion - Constitutional Court