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

Authors : Betül Hayrullahoğlu

Pages : 293-314

Doi:10.54733/smar.1534002

View : 105 | Download : 150

Publication Date : 2024-10-28

Article Type : Research Paper

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.
Keywords : bireysel başvuru, Türkiye Cumhuriyeti Anayasa Mahkemesi, ideoloji temelli yaklaşım, hak temelli yaklaşım