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Friends of the Court: The Republican Alliance and Selective Activism of the Constitutional Court of Turkey

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Friends of the Court: The Republican Alliance and Selective Activism of the Constitutional Court of Turkey

Belge, Ceren (2006) Friends of the Court: The Republican Alliance and Selective Activism of the Constitutional Court of Turkey. Law and Society Review, 40 (3). pp. 653-692. ISSN 0023-9216

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Official URL: http://onlinelibrary.wiley.com/doi/10.1111/j.1540-...

Abstract

During the past two decades, scholars have noted a global expansion of judicial power and court-led rights revolutions. Far from leading a rights-revolution, the Constitutional Court of Turkey became renowned for its restrictive take on civil liberties during this period. Why are some high courts more activist than others in protecting and expanding civil rights and liberties? I argue that judicial power and judicial independence offer incomplete explanations of judicial activism on questions of rights. Even powerful courts are activist only selectively, using their clout to protect some groups while suppressing the demands of others. Building on perspectives on legal mobilization and judicial entrenchment, I argue that the socio-political alliances in which high courts and judiciaries participate explain the selective nature of their activism. The initial parameters of these alliances are set during critical junctures when formerly dominant coalitions are displaced and new institutions entrench new alliances. Such alliances are not static, however, and struggles within alliances can transform high courts’ orientations on rights questions.

Divisions:Concordia University > Faculty of Arts and Science > Political Science
Item Type:Article
Refereed:Yes
Authors:Belge, Ceren
Journal or Publication:Law and Society Review
Date:September 2006
Keywords:Turkey, constitutional court, judicial review, judicial activism, Kemalism
ID Code:974090
Deposited By:CEREN BELGE
Deposited On:29 May 2012 15:16
Last Modified:30 May 2012 01:38
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