1962-1980 ARASINDA ANAYASA MAHKEMESİ VE SİYASAL AKTÖRLERİN İLİŞKİSİ: HEGEMONİK KORUMA TEZİ’NE ELEŞTİREL BİR YAKLAŞIM
THE RELATIONSHIP BETWEEN THE CONSTITUTIONAL COURT AND POLITICAL ACTORS BETWEEN 1962-1980: A CRITICAL APPROACH TO THE HEGEMONIC PRESERVATION THESIS

Summary/Abstract: The Constitutional Court of Turkey (CCT), since its establishment in 1962, emerged as a significant actor that not only overrules the decisions of the Parliament but also takes part in most divisive political issues. Hence, there has been a growing literature explaining its role and relations with other political actors. The primary purpose of this article is twofold: (i) analyzing the relations between the Court and other political actors between 1962 and 1980 and (ii) proposing an alternative theoretical framework to explain the development and the nature of this relationship. The article challenges the dominant view explaining the CCT's role through Ran Hirschl’s Hegemonic Preservation Thesis and proposes an alternative, more nuanced explanation based on Joel Migdal’s State-in-Society approach.

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