Judicial Activism in Perilous Times: The Turkish Case

Under what circumstances do courts act in ways that challenge the political hegemony of the military in countries with weak democratic institutions? This article addresses this question by focusing on a critical case of judicial activism in Turkey. It argues that lower courts unexpectedly can be centers of judicial activism that contributes to expansion of civil liberties and restrictions on arbitrary state power when the high judiciary supports the political status quo. This is because lower courts provide greater access to legal mobilization pursued by civil society actors. At the same time, judicial activism in lower courts is sustainable only when political power is distributed among elites with conflicting interests, and the civilian government offers support and protection to activist members of the judiciary.     

The Social Organisation of Migrant Smugglers in Turkey: Roles and Functions

Thousands of irregular migrants and refugees are transported from conflict areas and/or underdeveloped countries to wealthy Western states. These transfers are usually facilitated and arranged by migrant smuggling organisations. This paper reflects part of a comprehensive research project on irregular migration and migrant smuggling in Turkey and examines the structure and networks of smugglers operating in Turkey. Based on face-to-face interviews with smugglers (N?=?54), it aims to shed light on migrant smugglers, smuggling structures and their organisations in Turkey. The findings suggest that the migrant smuggling business is composed of networks established at the local, national and international levels. These are structured on an ad hoc basis and are often adaptable to any changes and opportunities that may arise.