The Constitutional Ecosystem of Digital Rights in Türkiye
The Economics and Regulation of Digitalisation: The Case of Turkiye, Taylor & Francis Ltd, ss.155-172, 2024
- Yayın Türü: Kitapta Bölüm / Araştırma Kitabı
- Basım Tarihi: 2024
- Doi Numarası: 10.4324/9781032692937-8
- Yayınevi: Taylor & Francis Ltd
- Sayfa Sayıları: ss.155-172
- Boğaziçi Üniversitesi Adresli: Evet
Özet
This chapter seeks to discuss to what extent Turkish legal framework can effectively respond to the constitutional challenges of digital capitalism and platform power in particular. Today, Turkish constitutional jurisprudence and scholarship stand at a similar edge of a constitutional moment in that the disruptive impact of private powers from digital environment on fundamental rights of individuals and the resulting normative counteractions from this have appeared to be comparable to those of public powers of nation-states. The constitutional scenario with a state-centric approach can no longer maintain its validity as it once was - where the public authorities were the main dominant actors within the polity as the only gatekeepers for the exercise of individual rights. The exercise of power on the internet appears to equally, if not entirely, be within the sphere of non-state actors and capital markets. The primary goal of this chapter is to examine how Turkish constitutional ecosystem has so far responded to the normative challenges of digital capitalism and explore whether the country's path to digital constitutionalism has unique characteristics in developing its own narrative in regulating digital markets. To do so, the chapter critically analyses the constitutional text, the relevant legislation, and the judgments of Turkish Constitutional Court (TCC). The chapter argues that the TCC's efforts to enhance individual constitutional protections for the internet have importantly been undermined by Turkey's initial internet-specific law, Law No. 5651, that said the rulings of the TCC have so far proven that the Turkish Constitution has the capacity to adapt and develop into a living instrument that confronts the complexities of the digital age.