ABSTRACT

This chapter outlines of the role of the AYM as a constitutional court, part of whose function is the guardianship of the Turkish Constitution, especially the principle of the state's integrity with the nation. The AYM was established by the 1961 Constitution with a special jurisdiction to review the constitutionality of laws, to rule on certain types of cases where high-level state officials and politicians are involved, and to hear political party closure cases. An examination of the AYM's case law on political party closure demonstrates that it has acted as being firmly bound by the Constitution and its fundamental principles and attributes and, in so doing, has taken a conservative approach. The principle of equality, which in the AYM's view only offers equal citizenship rights confined to individual human rights for all, has important consequences for the conceptualization of a minority.