Limitations on the freedom of political parties in Turkey and the jurisdiction of the European Court of Human Rights


Hakyemez Y. S., Akgun B.

Mediterranean Politics, vol.7, no.2, pp.54-78, 2002 (Scopus)

  • Publication Type: Article / Article
  • Volume: 7 Issue: 2
  • Publication Date: 2002
  • Doi Number: 10.1080/713869654
  • Journal Name: Mediterranean Politics
  • Journal Indexes: Scopus
  • Page Numbers: pp.54-78
  • Ankara Yıldırım Beyazıt University Affiliated: No

Abstract

The increase in the number of political party closure cases in Turkey in recent years has prompted concerns about the standards of Turkish democracy, particularly regarding freedom of expression and association. This study examines the underlying reasons why the Turkish Constitutional Court so often tends to dissolve political parties and compares its judgements with the established standards set forth by the European Court of Human Rights. The study finds that the Turkish Court frequently tends to interpret the 1982 Turkish Constitution's already restrictive clauses narrowly. The two issues that seem to be the most problematic in Turkish democracy are the definition and implementation of separatism and secularism.