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.

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 467 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.

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 279 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.

Download or read book Expounding the Constitution written by Grant Huscroft and published by Cambridge University Press. This book was released on 2008-04-21 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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.

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.

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.

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.

Download or read book The Economics and Regulation of Digitalisation written by Muzaffer Eroğlu and published by Taylor & Francis. This book was released on 2024-10-14 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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.

Download or read book Principles of European Constitutional Law written by Armin von Bogdandy and published by Bloomsbury Publishing. This book was released on 2009-12-03 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the time being, the political project of basing the European Union on a document entitled 'Constitution' has failed. The second, revised and enlarged edition of this volume retains its title nonetheless. Building on a scholarly rather than black-letter law account, it shows European constitutional law as it looks following the Treaty of Lisbon, with the EU's foundational treaties mandating the exercise of public authority, establishing a hierarchy of norms and legitimising legal acts, providing for citizenship, and granting fundamental rights. In this way the treaties shape the relations between legal orders, between public interest regulation and market economy, and between law and politics. The contributions demonstrate in detail how a constitutional approach furthers understanding of the core issues of EU law, how it offers theoretical and doctrinal insights, and how it adds critical perspective. From Reviews of the First Edition: "...should be mandatory reading for anyone who wants to get a holistic perspective of the academic debate on Europe's constitutional foundations...It is impossible to present the richness of thought contained in the 833 pages of the book in a short review." Common Market Law Review "an enduring scholarly work, which gives an English-speaking audience important, and overdue, access to the long-standing and forever-vigorous traditions of (European) constitutional law... unhesitatingly recommend[ed]." European Law Journal "...real scholarship in the profound sense of the word..." K Lenaerts, Professor of European Law, Leuven

Download or read book Socio economic Rights written by Sandra Liebenberg and published by Juta and Company Ltd. This book was released on 2010 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Internet and Constitutional Law written by Oreste Pollicino and published by Routledge. This book was released on 2016-01-13 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses emerging constitutional principles addressing the regulation of the internet at both the national and the supranational level. These principles have arisen from cases involving the protection of fundamental rights. This is the reason why the book explores the topic thorough the lens of constitutional adjudication, developing an analysis of Courts’ argumentation. The volume examines the gradual consolidation of a "constitutional core" of internet law at the supranational level. It addresses the European Court of Human Rights and the Court of Justice of the European Union case law, before going on to explore Constitutional or Supreme Courts’ decisions in individual jurisdictions in Europe and the US. The contributions to the volume discuss the possibility of the "constitutionalization" of internet law, calling into question the thesis of the so-called anarchic nature of the internet.

Download or read book The Guardian of the Constitution written by Hans Kelsen and published by Cambridge University Press. This book was released on 2015-02-19 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first English translation of Hans Kelsen's and Carl Schmitt's debate on the 'Guardian of the Constitution'.

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.

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.

Download or read book Constitutionalism in Islamic Countries Between Upheaval and Continuity written by Rainer Grote and published by Oxford University Press. This book was released on 2012-01-11 with total page 755 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism in Islamic Countries: Between Upheaval and Continuity examines the question of whether something similar to an "Islamic constitutionalism" has emerged out of the political and constitutional upheaval witnessed in many parts of North Africa, the Middle East, and Central and Southern Asia. In order to identify its defining features and to assess the challenges that Islamic constitutionalism poses to established concepts of constitutionalism, this book offers an integrated analysis of the complex frameworks in Islamic countries, drawing on the methods and insights of comparative constitutional law, Islamic law, international law and legal history. European and North American experiences are used as points of reference against which the peculiar challenges, and the specific answers given to those challenges in the countries surveyed, can be assessed. The book also examines ways in which the key concepts of constitutionalism, including fundamental rights, separation of powers, democracy and rule of law, may be adapted to an Islamic context, thus providing valuable new insights on the prospects for a genuine renaissance of constitutionalism in the Islamic world in the wake of the "Arab spring."