Transformation of Judiciary for a Turkey in Transition: Dynamics and Consequences

Abstract

Home Turkey’s Challenges and Transformation Chapter Transformation of Judiciary for a Turkey in Transition: Dynamics and Consequences Sanem Baykal Chapter First Online: 11 April 2023 140 Accesses Part of the book series: Reform and Transition in the Mediterranean ((RTM)) Abstract This chapter will focus on this interaction between different societal and political forces on the Turkish judiciary over the last two decades and will aim at demonstrating the predominantly damaging impact of such struggle, not only on the conceptualisation of the principle of rule of law, but unavoidably also on the proper internalisation and observance of principles of democracy and protection of human rights. In that context, both enabling/accelerating and hindering factors and dynamics will be analysed in order to underline the magnitude of difficulties of any such transformation requiring a shift of mentality, without an overwhelming political and social consensus on the fundamentals and constituent elements of such norms and principles or the direction of such transformation. Such analysis will arguably be instrumental in providing both the indications for the limits and prospects of a resilient political system with a strong state capacity for Turkey in the impending decades of potential turbulence, as well as the basic requirements and tools for building such crucial resilience and capacity.