Analysis: Judicial Control of Decree-Laws in Emergency Regimes — A Self-Destruction Attempt by the Turkish Constitutional Court?

Blog of the IACL, AIDC

By Professor Selin Esen, Professor of Constitutional Law in the Faculty of Law at Ankara University, Turkey. Professor Esen is a member of the IACL executive committee.

Due to a coup d’etat attempt on 15 July 2016, in accordance with Article 120 of the 1982 Constitution, the Council of Ministers presided over by the President of the Republic declared a state of emergency on July 21st for three months. On October 11th it was prolonged for a further three months. The declaration of the state of emergency and its prolongation was approved by the Grand National Assembly of Turkey. Since the state of emergency was declared the Government issued eleven emergency decree-laws to date.

These decree-laws invite criticism because they contain fundamental and permanent changes to some of the state instutions, such as closing military schools and overhauling military health institutions. Yet the decrees contain several other aspects that raise very serious questions of…

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