Constitutional Law Professor rebels against the ruling

Following the decision by the 3rd Criminal Chamber of the Court of Cassation to refuse compliance with the Constitutional Court's second ruling on rights violations regarding imprisoned TİP deputy Can Atalay—stating that the ruling had no legal value—legal experts have been issuing statements one after another regarding the matter.

Constitutional Law Professor Süheyl Batum met with the young people who have been keeping a "Constitutional Watch" in front of the Çağlayan Courthouse for 56 days.

Speaking to a dokuz8haber reporter, Professor Süheyl Batum made the following assessments regarding the court's decision:

"The Constitutional Court issues a ruling, and the Court of Cassation insists on not recognizing it, despite the clear provisions of the Constitution and the clear provisions of the laws. And, moreover, this time it says something very interesting. It says this ruling is a result of 'juristocracy,' a concept fabricated in Turkey as 'judicial tutelage'."

"Now, this is truly an important decision. This means the following: If the Court of Cassation can refuse to recognize the ruling of the Constitutional Court—the only institution authorized by the Constitution—then the President, who appoints all the members of the YSK who appoint that Court of Cassation, can also choose not to recognize it at all. The Parliament can choose not to recognize it at all. In other words, it means there is no longer a safeguard called the Constitutional Court."

"How is the Court of Cassation an example of 'juristocracy' whenever it suits them? It says, 'I do not recognize it, it is null and void.' The President could say the same thing if a ruling is issued that he does not like. And the Parliament could say it too. That is to say, it means the Constitutional Court does not exist."

"Where there is no Constitutional Court, it means there is no legal security. Where there is no legal security, it means there is no law. Where there is no law, it means there is no constitution and no state. This is an incredibly grave decision."

News Source : 12punto