HOW INFLUENTIAL ARE THE STANDARDS OF THE EUROPEAN COURT OF HUMAN RIGHTS ON THE TURKISH CONSTITUTIONAL SYSTEM IN BANNING POLITICAL PARTIES?

Abstract

The European Convention on Human Rights (Convention) affects the"which constitutional system through two distinct paths. First, some of theconstitutional provisions are rooted in the Convention. Second, the Conventionand the European Court of Human Rights (ECHR) guide the interpretation ofdomestic law in courts. The Turkish Constitutional Court (TCC) also enjoins.! domestic law from--conflicting with the Convention and the ECHR rulings,:.-' "» ta Article 90 of the Constitution that gives international human rightscuts priority over statutory norms. However, the CC generally uses the"es ofthe Convention for the interpretation of the characteristics of thejustify its narrow approach concerning rights and freedoms. Casesing the dissolution ofpolitical parties may be given as good examples toto the TCC 's relatively closed viewpoint. An oppposing current is seen in-' ,:' political process in which recent constitutional amendments follow the EUdardı and ongoing ECHR rulings that have been decided against Turkey-' made some changes in the TCC 's established perpective on politicalparties. This article will examine the changing approach of the TCC on the"letter of banning political parties which violate the principle of "indivisibleinfinity of the State with its territory and nation which is one of theeemtitutiona! and statutory grounds for dissolution.