The Guardian of the Turkish Constitution: A Special Court

  •  Peri Uran    
  •  Pasquale Pasquino    


Court-based constitutional review as a way of controlling executive and legislative action is generally considered as one of the most significant developments in post Second World War liberal constitutionalism in the world.  Constitutional courts can make a significant contribution to the preservation of the rule of law, the protection of the individual's fundamental rights and the strengthening of democracy as long as they remain independent. Constitutional courts are perceived as important factors of stabilization in many countries characterized by new or fragile democratic systems.  Due to their potential role in the establishment and maintenance of constitutional democracies, constitutional courts have been comprehensively studied in the area of constitutional law and politics.  In this study, the Turkish Constitutional Court, as one of the oldest and most active in Europe, will be examined in a comparative perspective by considering the interpretation of the historical origins and functions of the Constitutional Courts.

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