Open AccessSocial Rights and the Turkish Constitutional Court
Author(s) -
Engin Yıldırım
Publication year - 2021
Publication title -
constitutional review
Language(s) - English
Resource type - Journals
eISSN - 2548-3870
pISSN - 2460-0016
DOI - 10.31078/consrev721
Subject(s) - turkish , constitutional court , law , constitution , political science , social rights , legislation , legislature , discretion , annulment , constitutional review , human rights , sociology , philosophy , linguistics
Through a brief examination of the Turkish experience, this article endeavors to illuminate the debate on the role of constitutional courts in interpreting social rights. The Turkish Constitutional Court has in many cases rejected applications for the annulment of legislation related to social rights, on the grounds that it is within the legislature’s discretion to determine public policy priorities based on economic resources and economic stability. This article suggests the Turkish Constitutional Court has narrowly interpreted constitutionally recognized social rights within the boundaries of the Turkish Constitution, with the notable exception of labor rights in individual applications.