In its new report, The Judicial System at Risk: A Comparative Analysis of the Instrumentalization of Judicial Power in Turkey and the United States, ASSEDEL examines how democratic backsliding can advance through the weakening of judicial independence. The report compares two politically distinct contexts—the United States under Donald Trump and Turkey under Recep Tayyip Erdoğan—to show how legal institutions may be reshaped and used to expand executive power.
The analysis highlights two main patterns. First, it explores the institutional transformation of the judiciary. In the United States, the report focuses on the long-term impact of strategic judicial appointments and the politicisation of the federal courts. In Turkey, it examines a more direct process of judicial control, including the dismissal of judges and prosecutors, prosecutions of legal professionals, and increased executive influence over judicial recruitment.
Second, the report addresses the political instrumentalization of the justice system. It argues that, in both countries, legal institutions have been used not only to enforce the law, but also to reinforce political loyalty, weaken opposition, and reduce institutional accountability. While the methods differ in scale and intensity, both cases illustrate the risks that emerge when courts and prosecutors cease to operate as independent checks on executive authority.
By placing the Turkish and American experiences side by side, the report underlines a broader warning: democratic erosion does not always occur through sudden rupture. It can also develop gradually, through partisan appointments, selective prosecutions, pressure on legal professionals, and the normalization of executive interference in the judiciary. For ASSEDEL, the protection of judicial independence remains essential to safeguarding democracy, the rule of law, and fundamental rights.
You can find here the full report.