Top court has final say on AK Party closure case

Milliyet's Taha Akyol thinks that whatever the court rules on the AK Party closure case, it will be the subject of much debate; however, there are two aspects which are of legal importance: How will the Constitutional Court exercise its authority? Will it restrict its authority to the "legal inspection" granted by the Constitution and the law? Or will it make a ruling in consideration of political factors, which have no place in the judiciary? Another issue he talks about is how the Constitutional Court will interpret concepts such as democracy and secularism. "Will it see secularism as the basis of the entire constitutional order, just as it did in its previous rulings? Or will it prioritize the running of a democratic system as it did in its most recent rulings? Its final ruling will change according to its perception of these," he says. In Akyol's view, no matter what the court rules in the AK Party closure case, apart from its political consequences, we will see whether a pro-guardianship understanding or a liberal one will be settled in law. "This legal consequence will be as significant as the political consequences of the court's ruling," he adds.

Yeni Şafak's Fehmi Koru, in reference to his years-long career as a political analyst, says his experience should have given him some clues about what kind of a ruling the court will make; however, he does not make a prediction on the court's final ruling. "When I take the political side of the case into consideration, I conclude that the AK Party will be closed down, but when I return to my knowledge of law and what I hear from others, I arrive at the conclusion that the AK Party will not be closed down. One of these conclusions will turn out to be correct, but which one?" asks Koru. He thinks that the judges at the Constitutional Court are probably experiencing a similar dilemma as they appear to have been cornered by their emotions and logic. "Because they know that the decision they will make will lead to various consequences over the country's fate," he remarks.

Mustafa Ünal from Zaman talks about the rumors circulating in Ankara about the possible ruling of the Constitutional Court on the AK Party closure case. Ünal says there is widespread optimism in the capital that the court will make a ruling against closure but it will cut Treasury aid to the AK Party. "I can say that this option gains much acceptance in Ankara. I have personally believed since the beginning that the Constitutional Court will not make a ruling that will cast a shadow over Turkey's democracy. Closing down parties is not a solution, and it has a big potential to bring along economic and political costs. I hope that the members of the court will take the consequences of the ruling they will make into consideration with all its aspects," suggests Ünal.