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Category: Constitutional and Human Rights Issues

Rule of Law Defence Beyond High Politics: Lessons from the Constitutional Court of Bosnia and Herzegovina’s History Curriculum Decision

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Introduction For many years, the Constitutional Court of Bosnia and Herzegovina (BiH) stood out as one of the more functional institutions of the Dayton order. It was certainly politically contested, but its continued ability to decide constitutional disputes gave it a degree of institutional resilience in a system otherwise marked by vetoes, blockages and fragmentation. … →

From Militant Democracy to a Rights-Based Paradigm: The Evolution of the Turkish Constitutional Court’s Interpretation of Secularism

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Batuhan Ustabulut |

Introduction A key debate in Türkiye is the ideal relationship between religion and state. When the Republic of Türkiye was founded in 1923, it adopted Islam as the official religion, but gradually adopted a secular system. In this context, the caliphate was abolished in 1924, the regulation stating that Islam was the official religion of … →

Can a ‘Militant’ Court Be Trusted? Judicial Appointments and Romania’s Constitutional Court after the 2024 Electoral Crisis

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A constitutional or supreme court that annuls a democratic election no longer merely reviews the exercise of public power as part of the system of checks and balances; it places itself, functionally, above the executive and legislative powers.   In December 2024, the Constitutional Court of Romania (CCR) did exactly that: by Ruling no. 32/2024, … →