21. Just Expectations: A Compilation of TESEV Research Studies on the Judiciary in Turkey
- Author:
- Eylem Ümit Atılgan, Meryem Erdal, Mithat Sancar, and Suavi Aydın
- Publication Date:
- 02-2011
- Content Type:
- Special Report
- Institution:
- Turkish Economic and Social Studies Foundation (TESEV)
- Abstract:
- Since the European Union membership process has gained a central position in politics, Turkey has become focused on reforms and change. However, this requires not only political will but also social acceptance, as Turkey’s drawbacks originate also from the social mentality as much as from the state tradition. Therefore, how social perception is changing in the areas expected to go through restructuring and how ready the society is for the possible reforms is a very important question. TESEV studied this issue within the scope of a research on “Social Perceptions and Mentality Structures” a few years ago and presented the results of this research to the public in the format of four separate books. In addition to ideological frameworks such as religiousness, secularism and nationalism, these studies addressed the general approach to the state and the patriarchal environment evident in families, and revealed how perceptions are changing at the individual and collective level. However, there is another very important stratum between political will and social ownership, and Turkey’s need for reform perhaps shows itself most keenly at this point. This stratum is the state institutions. It looks like it is a must for virtually the entire bureaucracy, and mainly the armed forces, the judiciary and the police, to restructure in terms of mentality, organization and functions. Taking this into consideration, Turkish Economic and Social Studied Foundation (TESEV) Democratization Program (DP) decided to continue its studies on “Perceptions and Mentalities” with bureaucratic institutions and address the judiciary as the first institution. One of the main reasons behind this choice was that there were very few studies on the judiciary, an institution that is in a central position in terms of democratization, law, and state-citizen relations in Turkey. Taking this shortcoming into account, a research series comprised of three separate studies that complement each other were prepared with the aim to inform and guide the public debate on the judiciary in Turkey. Based on these research projects conducted between early 2007 and mid-2009, TESEV DP published three separate books on the judiciary in Turkey. It should be noted that the study does not cover the developments taking place in the judiciary after the first half of 2009. The first book authored by Mithat Sancar and Eylem Ümit Atılgan attempted to shed light on the mentalities of judges and prosecutors and how they approach 2 the concepts of state, justice and rights. The second book authored by Mithat Sancar and Suavi Aydın aimed to determine the perception of justice in the society and the functionality attributed to the judiciary as an institution in the public mind. The book demonstrates that terms such as equity and criminality are interpreted within a pragmatic framework, and reveals the social perceptions that hamper the establishment of an understanding of law based on universal principles. The third book authored by Meryem Erdal takes a look at the press as an essential area that functions as a bridge between the judiciary as a bureaucratic institution and the way justice and law are perceived in the society. This is mainly because the support of a powerful media is a requirement for the institutional transformation of the judiciary based on democratic principles and norms as well as for the formation of the social perception that seeks a transformation as such. This English edition consists of an extensive summary of each of these three books with the aim to present their core findings in one volume. Turkey’s requirements in its democratization process are the formation of a citizenship in conformity with the universal norms recognized today, along with its administrative mechanisms. The bureaucracy of law and, hence, the judiciary are in a central position as the indispensible guarantees of such a transformation. We hope that this study will make serious contributions to discussions on the reforms that will be made in such an important area...
- Topic:
- Democratization, Law, European Union, Media, Justice, Judiciary, and Society
- Political Geography:
- Europe, Turkey, and Middle East