The Rule of law in Turkey
Original contribution by Ali Rıza Çoban, PhD (Leeds), Assistant Professor of Constitutional Law, University of Kırıkkale, and Rapporteur at The Constitutional Court of Turkey
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_It is generally accepted that there is a strong relationship between implementation of the principle of rule of law (supremacy of law to be the basis of government) and creation of a democratic system. As a matter of fact, this is true for many systems and countries. But empowering the institutions to supervise the supremacy of law without democratizing their structure can work completely adversly. That is, constitutionally empowered and protected bodies which lack democratic legitimacy may prevent the establishment of democratic institutions and realization of substantial rule of law, the equality of individuals before the law and respect for human rights. The position in Turkey is more close to the latter. The constitutional and legal organization of the state institutions complies with the formal requirements of the constitutional state. Furthermore, basic requirements of a democracy have also been established like political parties, free elections and a parliament elected by universal suffrage. Nevertheless, most of constitutional institutions were designed - by the constitutions and laws made by military after coup d'états in 1960 and 1980 - to preserve state ideology characterized by nationalism and (positivist-constructive) secularism (in fact interests of a civilian and military bureaucratic oligarchy namely military, judiciary, universities and their (so called) civil allies like some political parties, some elements of media and bourgeoisies created by the state support) rather than protection of individual rights and democracy and they function as supervisory bodies over democratic ones. That is why, despite legislative improvements in terms of protection of fundamental rights, protection of minorities and democratization in the process of accession negotiations between Turkey and the EU, there is a very small and slow improvement in the application in those areas. |
I. The Rule of law in the Constitutional Text
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