Judicial Coups, Activism and Politicization

Abstract

A judicial coup can be defined as a decision taken or an action taken by a judicial body in any country that fundamentally disrupts the constitutional order of the country and turns the functioning State structure into a dysfunctional or ineffective and inefficient State order. Judicial activism, on the other hand, refers to the suspicion that judicial decisions are made based on personal or political motives rather than existing law. This action means supporting or opposing one of the parties in contentious debates. Political and legal phenomena that fall within the scope of both concepts and definitions have occurred in Turkiye and in sone other countries. This review examines some case studies regarding judicial coups and activism. In this context, in addition to the forms, causes and effects of the judicial coup, various appearances of the concept of judicial activism are also examined.