Turkey, the Kurds, and the legal contours of the right to self-determination
Turkey, the Kurds, and the legal contours of the right to self-determination

Summary/Abstract: Within international law, the concept of self-determination has evolved over the years so as toreveal an external dimension, often associated with secession, and an internal dimension, entailingparticipatory democracy, minority protection in the context of pluralist co-existence withinthe territories of a state. An examination of the interpretation of self-determination by the ConstitutionalCourt in Turkey shows, however, that the Court has statically endorsed the former,conservative viewpoint, which reinforces Turkey’s militantly nationalist, democracy. This articleexplains the development of the right of self-determination in international law and examinesthe Turkish Constitutional Court’s case law in that light. In a study of the case law on partyclosures in Turkey, it evaluates the extent to which the Constitutional Court’s archaic and antidemocraticinterpretation has created a legality undermining the ethno-cultural and politicaldemands for the rights of Kurds in Turkey

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