The Individual Application Remedy in Türkiye and Its Impact on the Paradigm Shift of the Constitutional Court of the Republic of Türkiye

The purpose of this paper is to explain why the Constitutional Court of the Republic of Türkiye adopted this remedy and how this remedy led to a paradigm shift in the Constitutional Court. This study uses a document analysis approach, covering of the period 1989-2023, to achieve the aims of the study. Individual application in Türkiye has been put into effect to protect human rights more effectively and to reduce the applications made to the European Court of Human Rights (ECtHR) against Türkiye. Social demand and international pressures were also effective in the enactment of this legal remedy. On the other hand, individual application has also led to a paradigm shift, from the dominant paradigm, the ideological-based approach, to the right-based paradigm, in the Constitutional Court of the Republic of Türkiye beyond these purposes. This research offers a unique contribution to its field by highlighting the significant impact of individual application remedies on Türkiye's Constitutional Court operations. It innovatively explores how this legal mechanism strengthens human rights and drives structural change within the nation's highest judiciary. By combining legal analysis with institutional theory, the study provides new insights into the intricate relationship between legal reforms and institutional transformation, particularly in the underexplored context of Türkiye's constitutional framework.

Authors

Institutions

Publication Details

Journal
Sosyal Mucit Academic Review
Published
2024-08-21
DOI
https://doi.org/10.54733/smar.1534002
Primary Topic
Public Administration and Governance
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

The Individual Application Remedy in Türkiye and Its Impact on the Paradigm Shift of the Constitutional Court of the Republic of Türkiye

Betül Hayrullahoğlu
Sosyal Mucit Academic Review
Public Administration and Governance
article

The Individual Application Remedy in Türkiye and Its Impact on the Paradigm Shift of the Constitutional Court of the Republic of Türkiye

Betül Hayrullahoğlu
article en

Abstract

The purpose of this paper is to explain why the Constitutional Court of the Republic of Türkiye adopted this remedy and how this remedy led to a paradigm shift in the Constitutional Court. This study uses a document analysis approach, covering of the period 1989-2023, to achieve the aims of the study. Individual application in Türkiye has been put into effect to protect human rights more effectively and to reduce the applications made to the European Court of Human Rights (ECtHR) against Türkiye. Social demand and international pressures were also effective in the enactment of this legal remedy. On the other hand, individual application has also led to a paradigm shift, from the dominant paradigm, the ideological-based approach, to the right-based paradigm, in the Constitutional Court of the Republic of Türkiye beyond these purposes. This research offers a unique contribution to its field by highlighting the significant impact of individual application remedies on Türkiye's Constitutional Court operations. It innovatively explores how this legal mechanism strengthens human rights and drives structural change within the nation's highest judiciary. By combining legal analysis with institutional theory, the study provides new insights into the intricate relationship between legal reforms and institutional transformation, particularly in the underexplored context of Türkiye's constitutional framework.

Sosyal Mucit Academic ReviewVol. 5(3)
Usak University (TR)
Peace, Justice and strong institutions
Openalex Percentile: Top 79%
Public Administration and Governance
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.