Tag: Turkey
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The Democratic Recession and the “New” Public Law: Toward Systematic Analysis
—Tom Gerald Daly, Associate Director, Edinburgh Centre for Constitutional Law 2016 thus far has been marked by democratic backsliding and constitutional crises worldwide: European Commission ‘rule of law’ investigations into Polish laws on the Constitutional Tribunal and media;[1] Turkish President Erdoğan’s insistence that he will not comply with decisions of the Constitutional Court or the…
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Turkey’s Presidential Elections: Towards the Confrontation between Constitutionalism and Power Politics
–Bertil Emrah Oder, Koç University Law School The expected has happened: Prime Minister Erdoğan is the President-elect. He won in the first round of elections on August 10, 2014, by receiving an absolute majority of the valid votes cast, namely 51.79%.[i]
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On the Tight Rope: The Turkish Constitutional Court and the Balbay Case
—Basak Cali, Koç University Law School It is well-known political science knowledge that domestic high courts strive for simultaneous sources of legitimacy. On the one hand, courts seek political legitimacy from governing political elites. On the other they seek legal legitimacy from lower rank domestic courts, other high courts, lawyers and domestic the judicial community in…
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Turkey’s Constitutional Process
—Bertil Emrah Oder, Dean, Koç University Law School [cross-posted from the Hürriyet Daily News] After the refusal of the Justice and Development Party’s (AKP) proposal by the main opposition Republican People’s Party (CHP), the constitutional plan as to the 60 agreed articles seems to have been put aside from further political consideration.
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Is Turkey in the process of adopting a new constitution or a large scale constitutional amendment? Some questions concerning constitutional theory
–Ali Acar, PhD Student at European University Institute [ali.acar@eui.eu ] Turkey is currently undergoing a process of drafting a new constitution. The lack of legitimacy of the present, 1982, constitution, which was originated from the 1980 military coup d’état, renders adoption of a new contitution necessary in the public opinion.
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Constitution-Making in Turkey: Towards a Presidential System?
—Ozan Varol, Assistant Professor, Lewis & Clark Law School Although recent academic and popular commentary on constitution-making has largely focused on the constitutional transitions in progress across the Arab World, I wanted to take this opportunity to update the I•CON community on the constitution-drafting process currently underway in Turkey.