International Law in the Turkish Legal Order: Transnational Judicial Dialogue and the Turkish Constitutional Court

Italian Yearbook of International Law, Volume 26, Issue 1, pp. 41-62, 2017

22 Pages Posted: 20 Oct 2017 Last revised: 4 Oct 2018

See all articles by Ikboljon Qoraboyev

Ikboljon Qoraboyev

Higher School of Economics of KAZGUU University

Emre Turkut

Hertie School Centre for Fundamental Rights

Date Written: October 20, 2017

Abstract

Much has been written on the increasing significance of domestic courts in the international realm. However, the role of the Turkish constitutional judges in determining and orienting the relationship between international law and Turkish domestic law has rarely been subject to legal analysis. Literature on the involvement of the Turkish judges in transnational judicial dialogue is also almost non-existent. As far as the existing Turkish literature is concerned, much of the contemporary writing on the subject tends to focus on the hierarchical position of international agreements in the Turkish legal order. This paper intends to fill an important gap in the scholarship by providing an analysis of the decisions of the Turkish Constitutional Court (TCC) and by illuminating the TCC’s role as implementers or non-implementers of international law, and the scope of their participation in transnational judicial dialogue. Relevant sub-questions concern the extent to which the stance of the TCC’s judges may or may not alleviate concerns of the international community on the rule of law in Turkey, and whether their engagement in international law is substantial enough to limit and moderate the excesses of different political forces, including those in power, engaged in the domestic power struggle.

Suggested Citation

Qoraboyev, Ikboljon and Turkut, Emre, International Law in the Turkish Legal Order: Transnational Judicial Dialogue and the Turkish Constitutional Court (October 20, 2017). Italian Yearbook of International Law, Volume 26, Issue 1, pp. 41-62, 2017, Available at SSRN: https://ssrn.com/abstract=3056053

Ikboljon Qoraboyev (Contact Author)

Higher School of Economics of KAZGUU University ( email )

8 Korgalzhyn
Astana, 010000
Kazakhstan

Emre Turkut

Hertie School Centre for Fundamental Rights ( email )

Berlin, 30123
Germany

HOME PAGE: http://https://www.hertie-school.org/en/research/faculty-and-researchers/profile/person/turkut-1

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