Hostname: page-component-54dcc4c588-trf7k Total loading time: 0 Render date: 2025-10-06T21:33:51.432Z Has data issue: false hasContentIssue false

Rule of Law Backsliding and Abusive Constitutionalism in Turkey

Published online by Cambridge University Press:  25 August 2025

Selin Bengi Gümrükçü*
Affiliation:
Rutgers, The State University of New Jersey, New Brunswick, United States

Abstract

In recent years, constitutional amendments have emerged as a key tool for populist leaders who seek to undermine the rule of law and checks and balances. Abusive constitutionalism is central to democratic and rule of law backsliding, because it allows authoritarian leaders to reshape the legal and institutional framework of the state to entrench their power. By manipulating constitutional rules, these leaders can undermine judicial independence, weaken legislative oversight, and diminish the capacity of political opposition, all while maintaining a veneer of legality. Turkey is an exemplar of such processes. Turkey’s current constitution, introduced in 1982 during military rule, has been amended numerous times, with thirteen significant amendments established during the tenure of the current governing party. These amendments have played a critical role in Turkey’s democratic backsliding, transforming the country from a fragile democracy into a hybrid regime characterized by authoritarian governance.

Information

Type
Special Focus Roundtable: Constitutional Change and the Rule of Law
Copyright
© The Author(s), 2025. Published by Cambridge University Press on behalf of Middle East Studies Association of North America

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Article purchase

Temporarily unavailable

References

1 Scheppele, Kim Lane, “Autocratic Legalism,” University of Chicago Law Review 85, no. 2 (2018)Google Scholar; Lührmann, Anna and Lindberg, Staffan I., “A Third Wave of Autocratization Is Here: What Is New about It?Democratization 26, no. 7 (2019)CrossRefGoogle Scholar, https://doi.org/10.1080/13510347.2019.1582029.

2 Jordan Kyle and Yascha Mounk, “The Populist Harm to Democracy: An Empirical Assessment,” Tony Blair Institute for Global Change, 2018, https://institute.global/insights/geopolitics-and-security/populist-harm-democracy-empirical-assessment.

3 Landau, David, “Abusive Constitutionalism,” UC Davis Law Review 47, no. 1 (2013): 195.Google Scholar

4 Pech, Laurent and Scheppele, Kim Lane, “Illiberalism Within: Rule of Law Backsliding in the EU,” Cambridge Yearbook of European Legal Studies 19 (2017): 7CrossRefGoogle Scholar, https://doi.org/10.1017/cel.2017.9.

5 Varol, Ozan, “Stealth Authoritarianism,” Iowa Law Review 100 (2014–2015)Google Scholar; Oder, Bertil Emrah, “Turkey’s Democratic Erosion: On Backsliding and the Constitution,” Social Research: An International Quarterly 88, no. 2 (2021)CrossRefGoogle Scholar; Genckaya, Omer Faruk and Dunbay, Seda, “A ‘Flawless’ Constitutional Engineering Project in Turkey: Regime Transformation through Constitutional Amendments of 2007, 2010, and 2017,” Theory and Practice of Legislation 12, no. 2 (2024).CrossRefGoogle Scholar

6 Asli Bali, “Unpacking Turkey’s ‘Court-Packing’ Referendum,” Middle East Information and Research Project, 2010, https://merip.org/2010/11/unpacking-turkeys-court-packing-referendum.

7 Ibid.

8 Oder, “Turkey’s Democratic Erosion,” 476.

9 Daly, Tom Gerald, “‘Good’ Court-Packing? The Paradoxes of Constitutional Repair in Contexts of Democratic Decay,” German Law Journal 23, no. 8 (2022): 1075 CrossRefGoogle Scholar.

10 Varol, Ozan O., Pellegrina, Lucia Dalla, and Garoupa, Nuno, “An Empirical Analysis of Judicial Transformation in Turkey,” American Journal of Comparative Law 65, no. 1 (March 2017): 187216 CrossRefGoogle Scholar, https://doi.org/10.1093/ajcl/avx013; Michael Coppedge, John Gerring, Carl Henrik Knutsen, Staffan I. Lindberg, Jan Teorell, David Altman, Fabio Angiolillo, et al., “V-Dem Dataset v14,” indicator “Executive Respects Constitution,” Varieties of Democracy (V-Dem), 2024, https://doi.org/10.23696/mcwt-fr58.

11 Murat Sevinc, “12 Eylul 2010’a dair, eski bir yazi; demek ki neymis,” Diken, 12 September 2017, https://www.diken.com.tr/12-eylul-2010a-dair-eski-bir-yazi-demek-ki-neymis.

12 Kadıoğlu, Ayşe, “Autocratic Legalism in New Turkey,” Social Research: An International Quarterly 88, no. 2 (2021): 456.CrossRefGoogle Scholar

13 Kalaycioğlu, Ersin, “The Turkish–EU Odyssey and Political Regime Change in Turkey,” in Turkey and the EU: Accession and Reform, ed. Avci, Gamze and Carkoglu, Ali (New York: Routledge, 2020), 275.Google Scholar

14 Ibid.

15 Tombus, Ertug, “The People and Its Embodiment: Authoritarian Foundations of Constitutions in Turkey,” in The Failure of Popular Constitution Making in Turkey: Regressing Towards Constitutional Autocracy, ed. Petersen, Felix and Yanasmayan, Zeynep (Cambridge, UK: Cambridge University Press, 2020), 62.Google Scholar

16 Ibid, 79.

17 Oder, “Turkey’s Democratic Erosion,” 475.

18 Ilayda Gunes, “What’s at Stake in the Turkish Constitutional Amendment Proposal,” Blog of the International Journal of Constitutional Law, 14 April 2017, https://www.iconnectblog.com/whats-at-stake-in-the-turkish-constitutional-amendment-proposal.

19 Felix Petersen and Zeynep Yanasmayan, “The Final Trick? Separation of Powers, Checks and Balances, and the Recomposition of the Turkish State,” Verfassungsblog, 28 January 2017, https://verfassungsblog.de/the-final-trick-separation-of-powers-checks-and-balances-and-the-recomposition-of-the-turkish-state; Esen, Berk and Gumuscu, Sebnem, “The Perils of ‘Turkish Presidentialism,’Review of Middle East Studies 52, no. 1 (2018).CrossRefGoogle Scholar

20 Organization for Security and Co-operation in Europe and Office for Democratic Institutions and Human Rights, “Republic of Turkey Constitutional Referendum 16 April 2017: OSCE/ODIHR Limited Referendum Observation Mission Final Report,” 22 June 2017, https://www.osce.org/odihr/elections/turkey/324816.

21 Tombus, “People,” 78.

22 “Erdoğan Renews Call for New Constitution,” Hurriyet Daily News, 14 September 2024, https://www.hurriyetdailynews.com/erdogan-renews-call-for-new-constitution-200706. Gulcin Balamir Coskun and Ertug Tombus, “The Rule of Arbitrariness As the New Constitutional Order in Turkey,” Verfassungblog, 14 November 2023, https://verfassungsblog.de/the-rule-of-arbitrariness-as-the-new-constitutional-order-in-turkey.