Protection of Secularism Within the Framework of the Political Party Regime

This chapter analyzes effectiveness of the rules on the prohibition of political parties in Turkey with respect to the protection of the principle of secularism. The central question in this chapter is whether the party prohibition regime provides an effective mechanism to safeguard the principle of secularism from the threatening activities of the political parties. Firstly, Sect. 5.1 will review the substantive and procedural rules on the prohibition of political parties. Section 5.2 will examine the application and interpretation of these rules by the Constitutional Court in practice. Turkey comes at the top of the list of the Council of Europe countries for the frequency of party prohibitions. Therefore, Sect. 5.2 aims to answer whether the high number of dissolution cases reflects justified prohibitions necessary for the protection of secularism. To elaborate on the Turkish legal regime governing party prohibition, Sect. 5.3 will first explore the applicable international principles. It will further identify the deficiencies in the constitutional and legal framework of party prohibition (including the 2001 and 2010 constitutional reforms) which give rise to the inadequate protection of the principle of secularism. Finally, necessary constitutional and legislative amendments will be proposed in light of the relevant international standards.