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The Constitutional Integration Effect Of Funadamental Rights And Freedoms On The Third Person In Turkish Law
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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.
Book Synopsis Integration at the Border by : Karin de Vries
Download or read book Integration at the Border written by Karin de Vries and published by Bloomsbury Publishing. This book was released on 2013-07-22 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: A recent development in the immigration policies of several European states is to make the admission of foreign nationals dependent upon criteria relating to their integration. As the practice of 'integration testing abroad' becomes more widespread, this book endeavours to clarify the legal implications which have hitherto remained poorly understood and studied. The book begins by looking at the situation in the Netherlands, which was the first EU Member State to introduce pre-entry integration requirements. It explores the historical and political origins of the Dutch Act on Integration Abroad and explains how, in this national context, integration has become a criterion for the selection of immigrants. It then examines how integration requirements must be evaluated from the point of view of European and international law, including human rights treaties, EU migration directives and association agreements and the law on non-discrimination. The book identifies the legal standards set by these instruments with regard to integration testing abroad and draws conclusions as to the lawfulness of the Dutch approach.
Book Synopsis Turkish Group for the Protection and Safeguarding of Human Rights and Fundamental Freedoms by :
Download or read book Turkish Group for the Protection and Safeguarding of Human Rights and Fundamental Freedoms written by and published by . This book was released on 1956 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 235 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.
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.
Book Synopsis Denying Human Rights and Ethnic Identity by : Lois Whitman
Download or read book Denying Human Rights and Ethnic Identity written by Lois Whitman and published by Human Rights Watch. This book was released on 1992 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents.
Download or read book Turkey written by Yonah Alexander and published by Taylor & Francis. This book was released on 2008 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do democratic societies maintain the balance between civil rights and security while continuing the fight on global terrorism? This work raises this issue and presents one country, Turkey, and its struggle to implement laws to combat terrorism and comply with the European Union’s civil rights standards. A collection of materials that reflects the legal responses in combating terrorism is an essential volume in any academic and professional collection as it provides a case-specific reference point in the fields of EU politics, law, and international relations. Turkeycontains translations, contextual notes, and explanations from the editors of over 112 Turkish and EU documents ranging from martial law, PKK terror, Turkey-EU relations, human rights, and Turkish reforms. This resource book enables the reader to gauge Turkey’s prospects for success in establishing an effective government that at the same time protects the rights of the individual. This book will prove a valuable source for students and researchers of international politics, international relations and security studies.
Book Synopsis Turkey's Democratization Process by : Carmen Rodriguez
Download or read book Turkey's Democratization Process written by Carmen Rodriguez and published by Routledge. This book was released on 2013-10-30 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the end of the 1980 coup d’état Turkey has been in the midst of a complex process of democratization. Applying methodological pluralism in order to provide a comprehensive analysis of this process in a Turkish context, this book brings together contributions from prominent, Turkish, English, French, and Spanish scholars. Turkey’s Democratization Process utilises the theoretical framework of J.J. Linz and A.C. Stepan in order to assess the complex process of democratization in Turkey. This framework takes into account five interacting features of Turkey’s polity when making this assessment, namely: whether the underlying legal and socioeconomic conditions are conducive for the development of a free and participant society; if a relatively autonomous political society exists; whether there are legal guarantees for citizens’ freedoms; if there exists a state bureaucracy which can be used by a democratic government; and whether the type and pace of Turkish economic development contributes to this process. Examining the Turkish case in light of this framework, this book seeks to combine analyses that will help assess the process of democratization in Turkey to date and will be of interest to scholars and researchers interested in Turkish Politics, Democratization and Middle Eastern Studies more broadly.
Book Synopsis Civil Remedies and Human Rights in Flux by : Ekaterina Aristova
Download or read book Civil Remedies and Human Rights in Flux written by Ekaterina Aristova and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: What private law avenues are open to victims of human rights violations? This innovative new collection explores this question across sixteen jurisdictions in the Global South and Global North. It examines existing mechanisms in domestic law for bringing civil claims in relation to the involvement of states, corporations and individuals in specific categories of human rights violation: (i) assault or unlawful arrest and detention of persons; (ii) environmental harm; and (iii) harmful or unfair labour conditions. Taking a truly global perspective, it assesses the question in jurisdictions as diverse as Kenya, Switzerland, the US and the Philippines. A much needed and important new statement on how to respond to human rights violations.
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.
Book Synopsis Constitutional Law by : Serhan Özpekin
Download or read book Constitutional Law written by Serhan Özpekin and published by . This book was released on 2018 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: The constitution is the text which includes the legal rules that constitutes the duties and authorities of the state as well as its form and structure and their relations with each other, as it regulates and limits the fundamental rights and freedoms of the individuals. In this thesis, 4 essential constitutions that have been used in Turkish history are analysed within the developments emerged after the coups and their possible reasons. The 1921 Constitution, the events took place before the constituent assembly, the structure of the Assembly, the features of the 1921 Constitution and its purviews, and lastly, the October 29, 1923 Constitutional Amendment are examined. Also the 1924 Constitution is analysed with the establishment of the Republic, the new constitution, the characteristics of the Constitution of 1924, the amendments made in the Constitution of 1924, the one party period, the multi-party system since 1946 and the military coup of May 27. The 1961 Constitution; establishment of the Constitutional Court, establishment of the Supreme Council of Judges, adoption of the principle of separation of powers, establishment of the National Security Council and Presidency of Religious Affairs and State Planning Organization, March 12, 1971 memorandum, the 1961 Constitution and its amendments, the events that took place between 1973 and 1980 in Turkey and then, the September 12 coup are analysed. The 1982 Constitution is examined as well as the attempts to make a new "civil constitution" since 2011.
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
Book Synopsis The Right to Access to Justice of Religious Workers. Revisiting the Principle of Secularism by : Tewachew Alem
Download or read book The Right to Access to Justice of Religious Workers. Revisiting the Principle of Secularism written by Tewachew Alem and published by GRIN Verlag. This book was released on 2019-12-05 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bachelor Thesis from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, grade: A-, , course: Senior Thesis, language: English, abstract: This thesis strives to look into the legal and practical challenges that basically arise from the interaction between the right to access to justice and the principle of secularism with particular reference to the employees of the religious organizations. This paper discusses access to justice, its conceptual framework and as a human right under Bill of Rights and its elements under FDRE Constitution. The conceptual notion of secularism and its nexus with the right to access to justice in light of the Case laws and internationally developed principles to regulate the relation of religious organizations with their employees, who provide spiritual function. This thesis is basically a case study type and therefore it depends on court decision or case laws. And we conduct an interview to substantiate the case analysis method and also use primary as well as secondary data sources and purposive and snow boll sampling technique. The general objective is to examine how the right to access to justice of employees of religious organizations are entertained in tandem with the principle of secularism. The study attempt to answer the following question: Which legislation regulates the relationship of religious institutions with their workers? Does efficient dispute resolution mechanism is established within the religious institutions? Does the civil courts are legally competent to adjudicate disputes between the religious institutions and its employees? Do the decisions of Courts properly reconcile the right to access to justice and the principle of secularism? How the principle of secularism and the right to access to justice be applied in disputes that involve employees of religious organizations? This right of access to justice enshrined under UDHR, ICCPR, ICESCR, as a right to get administrative tribunal or judicial remedy when their fundamental rights is violated or restricted. It is also recognized under the FDRE constitution as one of the fundamental rights and freedom in accordance with art 37, provided that "everyone has the right to bring a justifiable matter to, and to obtain a decision or judgment by a court of law or any other competent body with judicial power."
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.
Book Synopsis STATE OF EMERGENCY MEASURES WITHIN THE CONTEXT OF LAW AND HUMAN RIGHTS by :
Download or read book STATE OF EMERGENCY MEASURES WITHIN THE CONTEXT OF LAW AND HUMAN RIGHTS written by and published by Google Play. This book was released on with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the decree-laws adopted under state of emergency declared following the coup attempt on 15 July 2016, more than 125 thousand people have been dismissed their professions and more than three thousand organizations and institution have been closed down. As a grounds for the measures adopted for natural and real persons, it is shown that those who are considered to "have relation", "connection" or "contact" with terrorist organizations or structure/entities, organizations or groups established as engaging in activities against the national security of the State by the National Security Council, which has no judicial duty, whose resolutions are of advisory nature for the Council of Ministers which issues emergency decree-laws However, the concepts of connection and contact mentioned in the said justification are of “intelligence” nature concepts which were not previously available in our law and which have no meaning or equivalent in terms of criminal and disciplinary law. In other words, without the need for any court decision, with the decision of “an administrative board”, structures, groups and formations which were not mentioned in the Decree-Laws have been considered to be a "terrorist organization", and the persons who are alleged to have connection and contact with these organizations have been deemed to be "a member of a terrorist organization". But this admission is contrary to the principle that "the administration cannot impose criminal offences through regulatory procedures", which is set forth in Article 2/2 of the Turkish Penal Code and "presumption of innocence" Furthermore, persons in question have not been notified which terrorist organization they are a member with, their defence statement has not been obtained in spite of the grave allegation against them, and they have been dismissed their profession by putting their names in the lists that were not clear by whom and according to which criteria they are prepared. Foregoing emergency procedures and measures are required to be assessed in terms of fundamental rights and freedom as well as universal law criterion, in order to meet this need, the study herein touches upon the law practices in Turkey administered by the state of emergency. The topics covered in the study were examined in six chapters. In the first chapter, it is touched upon the legality of the emergency decree-laws and the role of the Turkish Constitutional Court played in the course of the State of Emergency; in the second chapter, it is reviewed the compatibility with the European Convention on Human Rights of the dismissal decisions in particular on the judges and prosecutors; in the third chapter, the assessment of the detention decision on in particular judges and prosecutors within the context of the right to liberty and security was tackled; in the fourth chapter, it is dealt with if the Inquiry Commission on the State of Emergency Measures is considered as an effective domestic remedy; in the fifth chapter, it is examined compatibility of the prison uniform with the European Convention on Human Rights; and the sixth and last chapter covers the assessments on the Constitutional amendments related to the judiciary made on 16 April 2017. I'd like to take this opportunity to thank my wife and daughters for their patience, love and support in this process, and I hereby wish the book would be useful to the legal community and those who are interested in the issue.
Book Synopsis The Turkish Constitution by : Turkey
Download or read book The Turkish Constitution written by Turkey and published by . This book was released on 1949 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Protecting the right to freedom of expression under the European Convention on Human Rights by : Bychawska-Siniarska, Dominika
Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
