Containing the Political Space: Party Closures and the Constitutional Court in Turkey

This article discusses the limits of the freedom of political parties in Turkey. The political party bans constitute one of the most important problems threatening the freedom of political parties in Turkey. The restrictions on the political parties come to the fore in two different forms: dissolution after the military coups and closure by means of legislation. In the current context of the case opened against the AK Party, it may be possible and advisable to apply an amendment, bringing Turkish jurisprudence in such matters in line with the standards of the European community. It is concluded that the Constitutional Court should interpret cases of the dissolution of political parties in the context of the principles of 'secularism' and the 'unitary state' in such a way as to take into account the requirements of the principle of 'the rule of law' and to allow different political alignments to express themselves in a 'human rights respecting' and 'democratic' country.

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