Individual application to the Turkish Constitutional Court

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Author :
Publisher :
ISBN 13 : 9789757427629
Total Pages : 397 pages
Book Rating : 4.4/5 (276 download)

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Book Synopsis Individual application to the Turkish Constitutional Court by : Musa Yaşar Sağlam

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:

Individual application in Turkish constitutional adjudication

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Author :
Publisher : Key Editore
ISBN 13 : 8869595919
Total Pages : 216 pages
Book Rating : 4.8/5 (695 download)

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Book Synopsis Individual application in Turkish constitutional adjudication by : Bahadır Kılınç

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.

Individual Application in Turkish Constitutional Adjudication Court

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Publisher :
ISBN 13 : 9788869595905
Total Pages : 214 pages
Book Rating : 4.5/5 (959 download)

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Book Synopsis Individual Application in Turkish Constitutional Adjudication Court by : Bahadir Kilinç

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:

Individual Application to the Turkish Constitutional Court as a Case of Constitutional Transfer

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Individual Application to the Turkish Constitutional Court as a Case of Constitutional Transfer by : Engin Yildirim

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.

Individual Application in Turkish Law

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Publisher :
ISBN 13 : 9783868451214
Total Pages : 0 pages
Book Rating : 4.4/5 (512 download)

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Book Synopsis Individual Application in Turkish Law by : Erdal Tercan

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.

The Constitutional System of Turkey

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Author :
Publisher : Palgrave Macmillan
ISBN 13 : 9780230121003
Total Pages : 0 pages
Book Rating : 4.1/5 (21 download)

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Book Synopsis The Constitutional System of Turkey by : E. Özbudun

Download or read book The Constitutional System of Turkey written by E. Özbudun and published by Palgrave Macmillan. This book was released on 2011-10-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Starting with the historical development of constitutional government in Turkey, the author analyzes the basic characteristics of the present Turkish Constitution (that of 1982), the fundamental structure of the state (the legislature, executive, and the judiciary), the special role of the Constitutional Court, and the recent efforts at democratizing constitutional reforms.

Turkey Constitution and Citizenship Laws Handbook: Strategic Information and Basic Laws

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Author :
Publisher : Lulu.com
ISBN 13 : 1438780052
Total Pages : 296 pages
Book Rating : 4.4/5 (387 download)

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Book Synopsis Turkey Constitution and Citizenship Laws Handbook: Strategic Information and Basic Laws by : IBP, Inc.

Download or read book Turkey Constitution and Citizenship Laws Handbook: Strategic Information and Basic Laws written by IBP, Inc. and published by Lulu.com. This book was released on 2013-04-04 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Turkey Constitution and Citizenship Laws Handbook - Strategic Information and Basic Laws

Introduction to Turkish Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403522623
Total Pages : 394 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Introduction to Turkish Law by : Tugrul Ansay

Download or read book Introduction to Turkish Law written by Tugrul Ansay and published by Kluwer Law International B.V.. This book was released on 2020-06-05 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: English-speaking legal practitioners and academics will welcome this ideal introduction to the basic institutions, principles and rules of Turkish law. Encompassing all the major fields of legal practise, Introduction to Turkish Law provides an essential understanding of the Turkish legal system so that users can become familiar with the law and legal processes in Turkey and pursue further research on specific Turkish legal matters. Twelve chapters, written by Turkish experts in their areas of specialty, focus on particular fields and also provide the Turkish equivalents of the English terminology. The book covers the following topics: sources of Turkish law; constitutional law; administrative law; legal persons and business associations; family law; law of succession; law of property; law of obligations; penal law; and laws of civil and penal procedure. The seventh edition reflects major changes in Turkish law which took place after the publication of the sixth edition. The most significant of these changes is the constitutional amendment of 2017, leading to a radical change of the system of government. Other notable novelties include the introduction of new versions of three major codes: Turkish Code of Obligations, Turkish Commercial Code, and Code of Civil Procedure. The new edition also contains a glossary of legal terms used in the book. This concise guide is sure to continue providing interested parties with a speedy and reliable opening to many areas of Turkish law, which they need to learn about when called upon to deal with legal matters concerning Turkey or containing a Turkish element.

Turkish Baraj

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Publisher :
ISBN 13 :
Total Pages : 19 pages
Book Rating : 4.:/5 (97 download)

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Book Synopsis Turkish Baraj by : Bipartisan Policy Center

Download or read book Turkish Baraj written by Bipartisan Policy Center and published by . This book was released on 2014 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: On November 30, the Constitutional Court announced that it will decide shortly whether to hear an individual application (a complaint by an individual that their rights have been violated, filed directly with the Constitutional Court without review by lower courts) on the constitutionality of Turkey's 10 percent electoral threshold. President Erdogan has made clear that he does not believe the Court has the power to decide the issue. The question of where the barrier to entry into parliament ought to be set, the particular way in which it is now being considered, by the highest court, not parliament itself, and the government's explicit criticism of the judicial process raises some of the most fundamental questions and tensions implicit in the design of constitutional democracies: the will of the majority versus the rights of minorities; populism versus checks and balances; and the ballot box versus rule of law. When cast against the background of Turkey's increasingly polarized political environment, the Court's decision and the government's reaction have the potential to either repair fraying trust in the country's democratic system or open wide holes in the socio-political fabric that has been sustained through 90 parlous years of the Republic of Turkey's existence.

CONSTITUTON OF THE REPUBLIC OF TURKEY

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Author :
Publisher : Ergin Ergül
ISBN 13 :
Total Pages : 150 pages
Book Rating : 4./5 ( download)

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Book Synopsis CONSTITUTON OF THE REPUBLIC OF TURKEY by : CONSTITUTION OF THE REPUBLIC OF TURKEY

Download or read book CONSTITUTON OF THE REPUBLIC OF TURKEY written by CONSTITUTION OF THE REPUBLIC OF TURKEY and published by Ergin Ergül. This book was released on with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Constitutional Integration Effect of Funadamental Rights and Freedoms on the Third Person In Turkish Law

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Publisher : GRIN Verlag
ISBN 13 : 3656371393
Total Pages : 69 pages
Book Rating : 4.6/5 (563 download)

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Book Synopsis The Constitutional Integration Effect of Funadamental Rights and Freedoms on the Third Person In Turkish Law by : Betül Aslan

Download or read book The Constitutional Integration Effect of Funadamental Rights and Freedoms on the Third Person In Turkish Law written by Betül Aslan and published by GRIN Verlag. This book was released on 2013-02-12 with total page 69 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (postgraduate) from the year 2013 in the subject Law - Public Law / Constitutional Law / Basic Rights, University of Regensburg, language: English, abstract: The constitutional integration in Turkish law is made by the constitutional harmony among all legal norms. The first stage of constitutional integration is the constitutional harmony among constitutional values. Then, the rank of legal norms is ordered in the light of the first stage. Otherwise, the view of the constitutional integration is concreted by the effect of fundamental rights and freedoms on the third person. This research aims the composition of Turkish law and German law for the new solutions on constitutional integration effect of fundamental rights and freedoms on the third person in Turkish law.

The Failure of Popular Constitution Making in Turkey

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Publisher : Cambridge University Press
ISBN 13 : 1108497624
Total Pages : 427 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Failure of Popular Constitution Making in Turkey by : Felix Petersen

Download or read book The Failure of Popular Constitution Making in Turkey written by Felix Petersen and published by Cambridge University Press. This book was released on 2020-01-16 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an in-depth case study of the failure of popular constitution making in Turkey from 2011 to 2013.

The Turkish Constitution, as Amended

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Publisher :
ISBN 13 :
Total Pages : 98 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Turkish Constitution, as Amended by : Turkey

Download or read book The Turkish Constitution, as Amended written by Turkey and published by . This book was released on 1978 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Judicial Application of Human Rights Law

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Publisher : Cambridge University Press
ISBN 13 : 9780521780421
Total Pages : 1104 pages
Book Rating : 4.7/5 (84 download)

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Book Synopsis The Judicial Application of Human Rights Law by : Nihal Jayawickrama

Download or read book The Judicial Application of Human Rights Law written by Nihal Jayawickrama and published by Cambridge University Press. This book was released on 2002-12-12 with total page 1104 pages. Available in PDF, EPUB and Kindle. Book excerpt: 10 The right to life

Militant Democracy

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Publisher : Eleven International Publishing
ISBN 13 : 9077596046
Total Pages : 271 pages
Book Rating : 4.0/5 (775 download)

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Book Synopsis Militant Democracy by : András Sajó

Download or read book Militant Democracy written by András Sajó and published by Eleven International Publishing. This book was released on 2004 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

The Constitution of the Republic of Turkey

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Publisher :
ISBN 13 :
Total Pages : 146 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Constitution of the Republic of Turkey by : Turkey

Download or read book The Constitution of the Republic of Turkey written by Turkey and published by . This book was released on 1982 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Convergence of the Fundamental Rights Protection in Europe

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Publisher : Springer
ISBN 13 : 940177465X
Total Pages : 244 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis The Convergence of the Fundamental Rights Protection in Europe by : Rainer Arnold

Download or read book The Convergence of the Fundamental Rights Protection in Europe written by Rainer Arnold and published by Springer. This book was released on 2016-04-05 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book gives insight into the structures and developments of the fundamental rights protection in Europe which is effective at the levels of the national Constitutions, the European Convention of Human Rights and, for the EU member States of the EU Fundamental Rights Charter. The contributions of renowned academics from various European countries demonstrate the functional interconnection of these protection systems which result in an increasing convergence. Basic questions are reflected, such as human dignity as foundation of fundamental rights or positive action as a specific form of equality as well as the concept of rights convergence. In this latter contribution the forms of direct reception of a different legal order and of the functional transfer of principles and concepts are analyzed. Particular reference is made to the EU Charter, the United Kingdom Human Rights Act as well as to France and Germany. It becomes obvious how important interpretation is for the harmonization of national and conventional fundamental rights protection. Traditional institutional approaches like the dualist transformation concept in Germany are functionally set aside in the harmonization process through constitutional interpretation. Specific studies are dedicated to the field of the EU Fundamental Rights Charter and to the European impacts on the national fundamental rights protection in selected countries such as the “new democracies” Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey.