Rule of Law or Rule by Law? Or Neither Anymore?

Rule of Law or Rule by Law? Or Neither Anymore?

With the arrest of Istanbul Metropolitan Municipality Mayor Ekrem İmamoğlu on March 23, 2025, the long-debated issue of the “rule of law” in Turkey has once again taken center stage.

This arrest, which has sparked widespread public outcry, is not merely about the prosecution of a political figure; it marks a critical turning point for constitutional order and individual rights and freedoms.

Article 34 of the Turkish Constitution is clear: “Everyone has the right to hold unarmed and peaceful meetings and demonstration marches without prior permission.” However, the protests held in support of Ekrem İmamoğlu were dispersed by police intervention; hundreds of citizens were detained and arrested, and city squares were placed under bans on public gatherings and demonstrations by governorate orders. Yet these rights are defined not by political ideology, but by constitutional guarantees.

It is here that the distinction between the rule of law and the rule by law becomes evident. The rule by law refers to strict adherence to written laws, regardless of their fairness or justice. The rule of law, on the other hand, demands that those laws be in harmony with justice, human rights, and universal legal principles. Following the corruption investigations of December 17–25, 2013, Turkey, unfortunately, began to drift away from both concepts. Today, the situation can be described as: “We were never truly a rule of law state, but now we are no longer even a rule-by-law state.”

In a true rule of law system, laws are not applied arbitrarily; they stand with what is right, not with those in power. The right to peaceful protest, the right to criticize, the freedom of expression—these are not abstract principles found only in books. They are tangible rights that people must be able to feel and exercise in their daily lives. If these rights are being restricted, the issue is no longer merely the arrest of a single individual—it is the very future of democracy in society that is under threat.