Interaction of the AKP with the constitutional state in turkey: AKP’s political justice /

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2014

Author

Kars Kaynar, Ayşegül

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This study examines the interaction between Justice and Development Party governments and the constitutional State in Turkey. The study demonstrates that, although Justice and Development Party stays within the formal boundaries of rule of law order and parliamentary democracy, it surpasses the substantial boundaries that constitutional state brings. In this respect, the purpose of the study is to show that, this political party surpasses the limits of executive and legislative powers, and proceeds in the direction of being a total state power. In the center of this effort, there lies political control of judiciary and its instrumentalization by political power. The most prominent example of this instrumentalization is political trials. In this framework, the study examines three political trials, namely Ergenekon Case, KCK Case, and Hopa Case. In political trials, opposition to political power is criminalized; and protection of state is equalized to protection of political power. Consequently, political trials demonstrate that judicial power de facto concentrates in the hands of the political power. During this examination, opinions of Carl Schmitt, both a political theorist and a jurist, are used.

Subject Keywords

Constitutional law, Constitutional history

URI

http://etd.lib.metu.edu.tr/upload/12617635/index.pdf
https://hdl.handle.net/11511/23814

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Graduate School of Social Sciences, Thesis

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Citation Formats

A. Kars Kaynar, “Interaction of the AKP with the constitutional state in turkey: AKP’s political justice /,” Ph.D. - Doctoral Program, Middle East Technical University, 2014.