Annales de la Faculté de Droit d’Istanbul
51-62
This article examines from a critical perspective the judgment of the Turkish Council of State (Danıştay) in 2020, which invalidated the executive decision of 1934 regarding the designation of Hagia Sophia in Istanbul as a museum. We argue that Council of State did not really perform adjudication of a legal dispute in this case, but rather functioned as a proxy of the executive power for particular reasons. As a matter of fact, we argue the justifications regarding the case law of the European Court of Human Rights (ECtHR) and the right to property on which the decision was based to be a falsification. Moreover, the developments before and after the decision demonstrate this judgement to be a product of a non-judicial motivation. Lastly, the sequence of political actions regarding the conversion of several other museums into mosques that have been observed in Turkey over the last ten years implies the non-judicial dynamics behind the Council of State’s decision regarding Hagia Sophia. Our analysis reveals the political decisions that would possibly be the subject of criticism by domestic opponents and the international community to have been eliminated by referring the issue to the packed courts in order to avoid all undesired consequences., Judicial Independence, Court Packing, Judicial Falsification, Council of State
Rule of Law, Judicial Independence, Court Packing, Judicial Falsification, Council of State
Transforming the Judiciary into the Proxies of The Rulers: The Hagia Sophia Case
Annales de la Faculté de Droit d’Istanbul
Research on Education and Psychology
Fadim Büşra KELEŞ, Şahin KESİCİ, Mehmet AK
Transforming the Judiciary into the Rulers’ Proxies: The Case of Hagia Sophia
Annales de la Faculté de Droit d’Istanbul
Diyarbekir Şer'iyye Sicillerinde 18'inci Yüzyıl Âmid Mahkemesi'nin Nafaka Konulu Bazı İlamları
Selçuk Üniversitesi Hukuk Fakültesi Dergisi
Gerçek Kişilerin Hak Ehliyeti ve Hak Ehliyetine Uygulanacak Hukukun Tespiti
Hacettepe Hukuk Fakültesi Dergisi
Unilateral Uterine Torsion in a Shorthair Scottish Queen
Manas Journal of Agriculture Veterinary and Life Sciences
Ali RİŞVANLI, Abuzer TAŞ, Aiperi AİTMYRZA KYZY, Nur ABDIMANAP UULU, Sezim BELEK KYZY, Aiturgan DUYSOBAYEVA