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Author : Bahadir Kilinç
Publisher :
ISBN 13 : 9788869595905
Total Pages : 214 pages
Book Rating : 4.5/5 (959 download)
Download or read book Individual Application in Turkish Constitutional Adjudication Court written by Bahadir Kilinç and published by . This book was released on 2016 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Bahadır Kılınç
Publisher : Key Editore
ISBN 13 : 8869595919
Total Pages : 216 pages
Book Rating : 4.8/5 (695 download)
Download or read book Individual application in Turkish constitutional adjudication written by Bahadır Kılınç and published by Key Editore. This book was released on 2016-04-27 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Musa Yaşar Sağlam
Publisher :
ISBN 13 : 9789757427629
Total Pages : 397 pages
Book Rating : 4.4/5 (276 download)
Download or read book Individual application to the Turkish Constitutional Court written by Musa Yaşar Sağlam and published by . This book was released on 2015 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Erdal Tercan
Publisher :
ISBN 13 : 9783868451214
Total Pages : 0 pages
Book Rating : 4.4/5 (512 download)
Download or read book Individual Application in Turkish Law written by Erdal Tercan and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The individual application mechanism, introduced by the constitutional amendment on 12 September 2010, has the potential to serve as the basis for very important developments in the Turkish law with regard to the rights and freedoms. Although the individual application as a legal remedy began to take effect as from 23.09.2012, the judgments rendered by the Constitutional Court on the individual applications have offered solutions to many problems of legal and social significance thereby, became a source of aspiration to our society. This study aims to present general information on the individual application mechanism in the Turkish law in the context of the provisions of the Constitution and Law Nr. 6216. After providing brief information on the process of the adoption of individual application into our legal system, the first title makes a definition of the individual application mechanism considering the provisions in laws, establishes the legal nature of this mechanism and attempts to determine its function and purpose. Later on, the second title dwells on the acts of public power that may cause to an individual application and, in this context, whether the actions of legislative, executive and judicial organs can separately be subject of individual application or not. The rights and freedoms that may be subject of individual application are identified in the third title in consideration of the Constitution and the European Convention on Human Rights. Those who are entitled to file an individual application are examined in the fourth title and, in this context; the status of individuals and legal entities as well as the foreigners are discussed under this title. The fifth title analyses the admissibility criteria of the individual application under two headings; formal and substantive requirements. Finally, the sixth title handles the issues of filing an individual application to the Constitutional Court, examination of the applications by the Court, rendering of the judgments and, in case of finding of a violation, how that violation should be redressed.
Author : Engin Yildirim
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (13 download)
Download or read book Individual Application to the Turkish Constitutional Court as a Case of Constitutional Transfer written by Engin Yildirim and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Individual access to constitutional courts has recently attained prominence as an effective tool of human rights protection and it is viewed as an example of the broader phenomenon of transfer of constitutional ideas from a point of origin to a new host environment. We argue that the transfer process involves more than a simple interaction between the promoter and the importer, both of whom have converging as well as diverging expectations. The paper has critically applied the IKEA theory of constitutional transfer to the Turkish experience of the individual application to the Constitutional Court. The Turkish experience has proved a useful case to demonstrate the dynamic and multifaceted nature of the process of constitutional transfers. The Venice Commission, the European Court of Human Rights, the Turkish Constitutional Court and the Turkish Government all have important stakes in the success of the transfer to realize their own policy objectives.
Author : Russell Sandberg
Publisher : Edward Elgar Publishing
ISBN 13 : 1784714852
Total Pages : 464 pages
Book Rating : 4.7/5 (847 download)
Download or read book Research Handbook on Interdisciplinary Approaches to Law and Religion written by Russell Sandberg and published by Edward Elgar Publishing. This book was released on 2019 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 : 981153599X
Total Pages : 267 pages
Book Rating : 4.8/5 (115 download)
Download or read book Constitutional Reform as a Remedy for Political Disenchantment in Australia written by Bede Harris and published by Springer Nature. This book was released on 2020-04-22 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Martin Belov
Publisher : Routledge
ISBN 13 : 1000436411
Total Pages : 319 pages
Book Rating : 4.0/5 (4 download)
Download or read book Courts and Judicial Activism under Crisis Conditions written by Martin Belov and published by Routledge. This book was released on 2021-09-22 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 : 1317006003
Total Pages : 317 pages
Book Rating : 4.3/5 (17 download)
Download or read book Turkey and the European Union written by Yonca Özer and published by Routledge. This book was released on 2016-02-17 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : András Sajó
Publisher : Oxford University Press
ISBN 13 : 0191046043
Total Pages : 606 pages
Book Rating : 4.1/5 (91 download)
Download or read book The Constitution of Freedom written by András Sajó and published by Oxford University Press. This book was released on 2017-11-04 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional democracy is more fragile and less 'natural' than autocracy. While this may sound surprising to complacent democrats, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. Generations who have lived in stable democracies with the promise that their enviable world will become the global 'normal' find government rule without constitutionalism difficult to conceive. It is difficult, but never too late, to see one's own constitutional system as something that is fragile, or up for grabs and in need of constant attention and care. In this book, Andras Sajo and Renata Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajo and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours, and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of the apparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those in politics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.
Author : Muhittin Ataman
Publisher : SET Vakfı İktisadi İşletmesi
ISBN 13 :
Total Pages : 248 pages
Book Rating : 4./5 ( download)
Download or read book Insight Turkey 2016 - Fall 2016 (Vol. 18, No.4) written by Muhittin Ataman and published by SET Vakfı İktisadi İşletmesi. This book was released on with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 : 9944141739
Total Pages : 142 pages
Book Rating : 4.9/5 (441 download)
Download or read book Judicial Review of Constitutional Amendments written by Kemal Gözler and published by Kemal Gözler. This book was released on 2008 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Turkey
Publisher :
ISBN 13 :
Total Pages : 68 pages
Book Rating : 4.:/5 (753 download)
Download or read book The Turkish Constitution written by Turkey and published by . This book was released on 1971 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Armin von Bogdandy
Publisher : Oxford University Press
ISBN 13 : 019266204X
Total Pages : 721 pages
Book Rating : 4.1/5 (926 download)
Download or read book The Max Planck Handbooks in European Public Law written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2023-04-13 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Max Planck Handbooks in European Public Law series describes and analyzes the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration render legal comparison the task of our time for both scholars and practitioners, the project aims to foster a better understanding of the specific European legal pluralism and, ultimately, to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this endeavour with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. The third volume (the second in chronological terms) continues this approach with an in-depth appraisal of constitutional adjudication in various and diverse European countries. Fourteen country reports and two cross-cutting contributions investigate the antecedents, foundations, organization, procedure, and specific approach to constitutional issues throughout the Continent. The fourth volume now compares European constitutional jurisdiction in the European legal space. It examines the structures of the organization, the appointment of judges, the procedures and the methods of argumentation and interpretation, their impact on state and society, their legitimacy as well as their role in the division of powers, and thus completes the picture following the country reports in Volume III. This comparative perspective is supplemented by an examination that illustrates the relationship with the ECJ, the ECtHR, and the Venice Commission as well as their (constitutional) function. Finally, Constitutional Adjudication: Common Themes and Challenges is devoted to the challenges constitutional jurisdiction in the European judicial area is currently facing. The historical, political, and theoretical foundations as well as the basic dogmatic features of constitutional jurisdiction are presented in such a way that the discussion about its role and further development in this legal space is sustainably stimulated.
Author : Tom Gerald Daly
Publisher : Cambridge University Press
ISBN 13 : 1108417949
Total Pages : 397 pages
Book Rating : 4.1/5 (84 download)
Download or read book The Alchemists written by Tom Gerald Daly and published by Cambridge University Press. This book was released on 2017-11-02 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a searching critique of excessive reliance on courts as 'democracy-builders' in states emerging from authoritarian rule.
Author : Albert H. Y. Chen
Publisher : Cambridge University Press
ISBN 13 : 1108168876
Total Pages : 407 pages
Book Rating : 4.1/5 (81 download)
Download or read book Constitutional Courts in Asia written by Albert H. Y. Chen and published by Cambridge University Press. This book was released on 2018-09-20 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: The founding of a constitutional court is often an indication of a chosen path of constitutionalism and democracy. It is no coincidence that most of the constitutional courts in East and Southeast Asia were established at the same time as the transition of the countries concerned from authoritarianism to liberal constitutional democracy. This book is the first to provide systematic narratives and analysis of Asian experiences of constitutional courts and related developments, and to introduce comparative, historical and theoretical perspectives on these experiences, as well as debates on the relevant issues in countries that do not as yet have constitutional courts. This volume makes a significant contribution to the systematic and comparative study of constitutional courts, constitutional adjudication and constitutional developments in East and Southeast Asia and beyond.
Author : Caroline Wittig
Publisher : Logos Verlag Berlin GmbH
ISBN 13 : 3832544119
Total Pages : 181 pages
Book Rating : 4.8/5 (325 download)
Download or read book The Occurrence of Separate Opinions at the Federal Constitutional Court written by Caroline Wittig and published by Logos Verlag Berlin GmbH. This book was released on 2016-12-31 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts with the right to constitutional review exert considerable power in a political system. However, especially for Kelsenian constitutional courts there are hardly any large-N studies. This is mainly due to a lack of data. For the German Federal Constitutional Court, this gap has been closed by building a novel database, the development of which is depicted in this book. Employing data from this database, the occurrence of separate opinions in general and their different types in particular are analyzed. The book introduces a new, universal theory that reconciles and expands existing explanations. In a second step, the theory is applied to the German Federal Constitutional Court. It can be proven that one factor that has been neglected so far plays a decisive role: The judges' behavior depends on the profession they pursue after their time in office. Moreover, the study shows that - contrary to the common literature - it is not mainly the topic that determines a case's conflict potential but rather the number of issues a decision has to address.
