Digital constitutionalism in Türkiye: an analysis for the digital age

Abstract

This thesis explores the fascinating concept of digital constitutionalism and its reflection on Türkiye’s current legal system. Digital constitutionalism emerged as a constitutional understanding to ensure protection of fundamental rights and freedoms as well as democratic values in the online world. The first chapter draws a theoretical picture of this concept demonstrating that a unified approach has not been reached. Then, European digital constitutionalism is studied to see how the European Union responds to the challenges of algorithmic society. The second chapter focuses on Türkiye to see how the country reacts to the new constitutional moment. Constitutional provisions, related legislation and Turkish Constitutional Court judgments are examined to reach this objective. While breaking down the elements of the new constitutional moment, references to the European model are made to acknowledge the phases of digital constitutionalism in Türkiye. The work also addresses the current and future challenges for balancing the rights and freedoms in the digital world.