L’indipendenza della Corte costituzionale turca fra legittimità delle leggi e tutela dei diritti. Quali segnali per la tenuta della democrazia in Turchia
The Turkish Constitutional Court has traditionally played a very relevant role in the struggle between competing visions about the Republic. Indeed, established as one of the pillars of the Republican Alliance together with the other ‘Kemalist’ institutions (the Army and the Presidency of the Republic), has for decades the Court has supported their political vision by declaring the unconstitutionality of those laws and constitutional amendments harming the principles of Kemalism as well as by banning ‘divergent’ political parties. The Akp era, however, has challenged the Court, in a general political environment characterized by the end of the Republican Alliance. Under these circumstances, the Turkish Constitutional Court has proved ambiguous, in some occasions issuing decisions patently against the political will of the elite in power, in some other openly siding it.
Believing that only a further monitoring of its jurisprudence may provide a final assessment in the debate about the independence of this body, the present contribution briefly describes the composition and functioning of the Turkish Constitutional Court after the 2017 constitutional amendment and analyses the evolution of the Court’s case-law with a specific focus to the post-2016 golpe. Some concluding remarks frame this activity in the broader context of the debate about the democratic decay in Turkey.