Turkey's powerful Constitutional Court serves as an administrative attaché of state elites in overseeing the political arena and transforming the society. Looking at the courts as administrative agents suggests that the ruling elite might turn to courts not in an attempt to safeguard their immediate interests, but to transform the society by extending the reach of the state. The authors contend that in countries where the state pursues a civilizing mission, judicial empowerment is an attractive tool for defending the state against powerful segments of the society who might subscribe to different civilizing projects.
Countries such as Iran and Turkey do not fit comfortably into the democratic and authoritarian categories. In these countries, elections are held regularly, and the will of the people is accepted as one source of sovereignty. At the same time, both constitutionally and in practice the elected officials have to share the exercise of political power with institutions that do not draw their power directly from the will of the people. In such systems, the judiciary has two important political functions. First, the judiciary acts as a politically insulated decision-maker through which the unelected head can exercise some degree of control over the actions of the elected head. Second, the judiciary's direct involvement in the political arena increases political tensions and legitimates the continuation of the two-headed system. In systems based on divided sovereignty, the tensions created by the judicialization of politics contribute to the stability of the regime.
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