In a show of support for Erdoğan’s statements, Özbudun said there is a judicial tutelage in Turkey because the Constitutional Court and the Council of State often overstep their authority. Speaking to Today’s Zaman in an exclusive interview, Özbudun accused the Constitutional Court of exceeding its authority and at times of trying to act as a legislative body.
He said the court also pursued a pro-ban approach in party closure cases, which he said is far from universal standards. Indicating that such an attitude does not comply with democratic principles, Özbudun said the mission of the judiciary is to inspect whether the legislative and executive bodies are acting in conformance with the law. He said he has observed judicial tutelage in Turkey that operates beyond this principle. “This is what liberal jurists and I have been saying for years. The esteemed prime minister made a good point.”
According to Özbudun, Turkey’s supreme judiciary is behaving as if it has the final say on issues. It also places its own power over the power of the nation, he noted.
Recalling a Constitutional Court ruling in 2008 that annulled legislation that would have allowed headscarves at universities, he said the court made clear Parliament could not amend the Constitution without the court’s approval.
“This is an unacceptable case in a democratic country and is indicative of a typical understanding of tutelage,” he added.
