Turkish constitutional court and judicial resistance: instances of defiance under pressure

Abstract

This article explores on-bench judicial resistance within an electoral autocracy by analyzing the Turkish Constitutional Court's struggle to protect opposition parliamentarians. It aims to present a nuanced analysis of the Turkish Constitutional Court case law under pressure, examining its role in confronting the regime. The cases discussed involve Kadri Enis Berberoǧlu, Ömer Faruk Gergerlioǧlu, and Can Atalay, who were prominent public figures before their political mandates due to their roles in civil society resistance as a journalist, a medical doctor, and a lawyer. The article investigates how, to what extent, and under what conditions the Court has legally mobilized to defend the political opposition in notable cases involving Berberoǧlu, Gergerlioǧlu, and Atalay. It also highlights the conflict between the Court and the criminal judiciary, as well as the interplay between autocratic and democratic partnerships in a non-democratic context