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Author: Bahadır Kılınç Publisher: Key Editore ISBN: 8869595919 Category : Law Languages : en Pages : 216
Book Description
A ground-breaking development happened in Turkey in 2010, when direct application of individuals to the Turkish Constitutional Court was accepted in result of a public referendum. The introduction of individual application into the Turkish constitutional law may be the most crucial event since the establishment of the Constitutional Court in 1962. The Turkish Constitutional Court began to transform from a conventional constitutional court to a human rights court. Unfortunately, the number of books and other reference materials on the issue is still limited. Therefore, the main aim of the book is to provide necessary information on the law and practice of the individual application system in Turkey. The Book, after furnishing fundamental information on Turkish Constitutional Court's structure, powers and duties, deals with many features of individual application system including its history and intensive preparations made before its introduction. The procedure, from the registration to judgment process, is elaborated in detail. In this context, general application conditions, preliminary application review, both procedural and substantial admissibility conditions, admissibility examination, examination on merits, judgment process and execution of judgments are presented with the relevant law, the academic opinions and to a certain degree case-law. The latest statistics of the Constitutional Court and the Law 6216 on the Establishment and Trial Procedures of the Constitutional Court are provided in the book for quick reference. Shortly, the story of individual application transformation is re-told from an inside view.
Author: Bahadır Kılınç Publisher: Key Editore ISBN: 8869595919 Category : Law Languages : en Pages : 216
Book Description
A ground-breaking development happened in Turkey in 2010, when direct application of individuals to the Turkish Constitutional Court was accepted in result of a public referendum. The introduction of individual application into the Turkish constitutional law may be the most crucial event since the establishment of the Constitutional Court in 1962. The Turkish Constitutional Court began to transform from a conventional constitutional court to a human rights court. Unfortunately, the number of books and other reference materials on the issue is still limited. Therefore, the main aim of the book is to provide necessary information on the law and practice of the individual application system in Turkey. The Book, after furnishing fundamental information on Turkish Constitutional Court's structure, powers and duties, deals with many features of individual application system including its history and intensive preparations made before its introduction. The procedure, from the registration to judgment process, is elaborated in detail. In this context, general application conditions, preliminary application review, both procedural and substantial admissibility conditions, admissibility examination, examination on merits, judgment process and execution of judgments are presented with the relevant law, the academic opinions and to a certain degree case-law. The latest statistics of the Constitutional Court and the Law 6216 on the Establishment and Trial Procedures of the Constitutional Court are provided in the book for quick reference. Shortly, the story of individual application transformation is re-told from an inside view.
Author: Russell Sandberg Publisher: Edward Elgar Publishing ISBN: 1784714852 Category : Law Languages : en Pages : 467
Book Description
Following 9/11, increased attention has been given to the place of religion in the public sphere. Across the world, Law and Religion has developed as a sub-discipline and scholars have grappled with the meaning and effect of legal texts upon religion. The questions they ask, however, cannot be answered by reference to Law alone therefore their work has increasingly drawn upon work from other disciplines. This Research Handbook assists by providing introductory but provocative essays from experts on a range of concepts, perspectives and theories from other disciplines, which can be used to further Law and Religion scholarship.
Author: Bede Harris Publisher: Springer Nature ISBN: 981153599X Category : Political Science Languages : en Pages : 279
Book Description
The central argument of this book explores the disillusionment that Australians feel with regard to the way politics is conducted. The book explores causes of that disillusionment, and argues that because these are ultimately traceable to defects in the constitution, it is only through constitutional reform that government can be improved. This book argues that the current approach to constitutional debate suffers from the flaw of being anti-theoretical, in the sense that it is not grounded in any set of values, and is afflicted by a tendency to consider practical objections to reform before considering the moral case for it. This book argues that instead of accepting the constitution as it is, it is time we began to discuss how it ought to be, taking human dignity as the fundamental value upon which a constitution should be based. It then puts the case for change in a number of areas, including reform of the electoral system, enhanced parliamentary scrutiny of the executive, the inclusion in the constitution of a full bill of rights, the abolition of the federal system, realisation of the rights of Indigenous people, codification of constitutional conventions either in conjunction with or separately from an Australian republic, reform of the rules of standing in constitutional matters and, finally, the need to improve civics education. This book is designed to be provocative in the way that it directly challenges current academic orthodoxy. This book also outlines a proposed draft new constitution. This book will be of interest to anyone who is concerned about how Australia is governed and why it has been so difficult to achieve constitutional reform.
Author: Grant Huscroft Publisher: Cambridge University Press ISBN: 9780521887410 Category : Law Languages : en Pages : 332
Book Description
What does it mean to interpret the constitution? Does constitutional interpretation involve moral reasoning, or is legal reasoning something different? What does it mean to say that a limit on a right is justified? How does judicial review fit into a democratic constitutional order? Are attempts to limit its scope incoherent? How should a jurist with misgivings about the legitimacy of judicial review approach the task of judicial review? Is there a principled basis for judicial deference? Do constitutional rights depend on the protection of a written constitution, or is there a common law constitution that is enforceable by the courts? How are constitutional rights and unwritten constitutional principles to be reconciled? In this book, these and other questions are debated by some of the world's leading constitutional theorists and legal philosophers. Their essays are essential reading for anyone concerned with constitutional rights and legal theory.
Author: Martin Belov Publisher: Routledge ISBN: 1000436411 Category : Law Languages : en Pages : 319
Book Description
This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions. The book explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical explanation of the concept, features and main manifestations of judicial activism and its impact in shaping the relationship between constitutional, international and supranational law. It then focuses on judicial activism in extreme conditions, for example, in times of emergencies and pandemics, or in the context of democratic backsliding, authoritarian constitutionalism and illiberal constitutionalism. Thus, the book may be considered as a contribution to the debates on judicial activism, including the discussion of the impact of courts on certainty, proportionality and balancing of rights, as well as on revolutionary courts challenging authoritarian context and generally over the role of courts in the context of illiberalism and democratic backsliding. The volume thus offers an explanation of the concept of judicial activism, its impact on both the legal system and the political order and the role of courts in shaping the structures of the legal order. These issues are explored in theoretical and comparative constitutional perspectives. The book will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics.
Author: Yonca Özer Publisher: Routledge ISBN: 1317006003 Category : Political Science Languages : en Pages : 317
Book Description
The accession of Turkey to the EU presents a fascinating case study for all those with an interest in europeanisation. Officially recognised as a candidate for full membership in 1999 Turkey's negotiations with the EU have been protracted and highly controversial. Turkey and the European Union: Processes of Europeanisation offers a coherent and focussed account of Turkey's recent relations and accession negotiations with the EU. Europeanisation as an explanatory tool is used to review how the EU has successfully induced change in Turkish policies and institutions whilst careful analysis is also conducted into where europeanisation has failed and explores how it may even have inadvertently contributed to forming a backlash against accession. Authoritative local and International contributors provide in-depth analysis as to why the process has had such a varied impact across a range of policies and institutions and ask, given the high costs of joining the EU and decreasing incentives, if europeanisation can still exert an influence in the future. Despite Turkey's unique geographical and political position between East and West the relationship with the EU is not a case sui generis. This book offers valuable insights on the effectiveness of europeanisation for all those within and without the framework of the European Union.
Author: Muhittin Ataman Publisher: SET Vakfı İktisadi İşletmesi ISBN: Category : Political Science Languages : en Pages : 248
Book Description
Turkey has been holding elections since the end of the 19th century; and the country has been enjoying democratic elections since 1950. With a well-established electoral system, both local and general elections in Turkey are held in peace and stability. While there is no debate about the freeness, fairness and transparency of the elections, there are always some discussions about the representation problem such as the real power of politicians, the national threshold for political parties to be able to send their representatives to the parliament and the lack of instruments to overcome political crises. Turkey’s search for a new system of government dates back to the 1970s. The parliamentary system’s shortcomings such as political turmoil caused by the coalition rule and political crises fueled by the president’s selection by the parliament have been the driving force behind the debate over the governmental system. Furthermore, the fractured nature of political parties and clashes between different ideological and ethnic groups caused political instability which resulted in the military and bureaucratic tutelague.
Author: Kemal Gözler Publisher: Kemal Gözler ISBN: 9944141739 Category : Law Languages : en Pages : 142
Book Description
This monograph is an attempt to answer the following questions: Can constitutional courts review the constitutionality of constitutional amendments? If yes, to what extent? It is endeavored, in a comparative perspective, to answer these questions by examining the constitutions of several countries and the case law of the Austrian, German, Hungarian, Romanian, Slovenian and Turkish Constitutional Courts, French Constitutional Council, Indian, Irish, and the United States Supreme Courts.
Author: Muzaffer Eroğlu Publisher: Taylor & Francis ISBN: 1040156487 Category : Social Science Languages : en Pages : 278
Book Description
Turkey offers an interesting case study, both when it comes to the practice and the regulation of digitalization, as it combines a Western economic and legal system with an emerging country approach to digitalization. This co-edited volume examines the history, policies, economics, and various regulations of digitalization in Turkey. The chapters provide a comprehensive overview of how digitalization has developed in Turkey and how digitalization has come to be regulated, inspired by EU legislation yet with a “Turkish touch”. It explores the take up of digitalization by industry, society, and government, before delving into examples from FinTech and cryptocurrency, to social media and e-commerce, and yielding lessons for comparable emerging countries. Covering all the relevant aspects of digitalization, this book will be of interest to academics and students, particularly to those with an interest in innovation, economics of digitalization, policy, and regulation.
Author: Sandra Liebenberg Publisher: Juta and Company Ltd ISBN: 9780702184802 Category : Business & Economics Languages : en Pages : 572
Book Description
Drawing on a wide range of interdisciplinary resources, this scholarly work provides an in-depth and thorough analysis of the socio-economic rights jurisprudence of the newly democratic South Africa. The book explores how the judicial interpretation and enforcement of socio-economic rights can be more responsive to the conditions of systemic poverty and inequality characterising South African society. Based on meticulous research, the work marries legal analysis with perspectives from political philosophy and democratic theory.
Author: Bahadır Kılınç
Author: Bahadır Kılınç
Author: Russell Sandberg
Author: Bede Harris
Author: Grant Huscroft
Author: Martin Belov
Author: Yonca Özer
Author: Muhittin Ataman
Author: Kemal Gözler
Author: Muzaffer Eroğlu
Author: Sandra Liebenberg