Courts and constitutional transition: Lessons from the Turkish case

By Aslı Bâli

In contexts of democratization, the definition of judicial independence may require refinement, in order to take account of the special challenges of moving from the rule of the few to the rule of the many: an independent judiciary may stall legislative and constitutional reform by engaging in a form of constitutional review designed to shield elite preferences from democratic reversal. This article explores this problem through a detailed examination of a recent set of controversial constitutional cases in Turkey.