A HARD QUESTION ABOUT TURKISH JURISDICTION
Conferences Date07 Oct 2017 15:00 - 15 Oct 2017 23:59
“A Hard Question” about Turkish Jurisdiction: What is the Role of the Jurisdiction in Times of Conflict and the Building of Peace?
As the “peace process” came to an end and political conflicts condensed, the conflicting situation with regards to the Turkish jurisdiction has become much more evident. In particular, despite the support given by higher courts to government policies, the AKP government seeks to keep them under strict control through legislative practices like statuary decrees, even at the cost of rendering them redundant in certain fields. There is a lack of analyses focusing on the internal workings of the Turkish jurisdiction while legal studies in Turkey tend to treat the latter as an enclosed organization. Most of the times, the sociological aspect of judicial practices and the relationship of judges as subjects to the institution are overlooked. However, this “dual” character of the jurisdiction can be understood better through employing both an analysis which treats it as an organization and an explorative scrutiny on the reflexive relationship of judges to the institution. In this study, first I make a precise presentation describing the structure of the institution of jurisdiction. Then I develop discussions concerning the situation of the jurisdiction under the current political climate and what its role might be in the “restoration and preservation of peace” based on the interviews I conducted with nineteen judges as a party of my master thesis research.