Friend Of The Court The 2010 Constitution

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Friend of the Court & the 2010 Constitution

Author : Christopher Kerkering,Christopher Mbazira
Publisher : Unknown
Page : 199 pages
File Size : 40,5 Mb
Release : 2017
Category : Electronic
ISBN : 8896155215

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Friend of the Court & the 2010 Constitution by Christopher Kerkering,Christopher Mbazira Pdf

Insight Turkey 2016​ ​- Fall 2016 (Vol. 18, No.4)

Author : Muhittin Ataman
Publisher : SET Vakfı İktisadi İşletmesi
Page : 128 pages
File Size : 49,9 Mb
Release : 2024-06-16
Category : Political Science
ISBN : 8210379456XXX

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Insight Turkey 2016​ ​- Fall 2016 (Vol. 18, No.4) by Muhittin Ataman Pdf

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.

The Oxford Handbook of Turkish Politics

Author : Günes Murat Tezcür
Publisher : Oxford University Press
Page : 865 pages
File Size : 53,6 Mb
Release : 2022
Category : Political Science
ISBN : 9780190064891

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The Oxford Handbook of Turkish Politics by Günes Murat Tezcür Pdf

The study of politics in Turkey : new horizons and perennial pitfalls / Güneş Murat Tezcür -- Democratization theories and Turkey / Ekrem Karakoç -- Ruling ideologies in modern Turkey / Kerem Öktem -- Constitutionalism in Turkey / Aslı Ü. Bâli -- Civil-military relations and the demise of Turkish democracy / Nil S. Satana and Burak Bilgehan Özpek -- Capturing secularism in Turkey : the ease of comparison / Murat Akan -- The political economy of Turkey since the end of World War II / Şevket Pamuk -- Neoliberal politics in Turkey / Sinan Erensü and Yahya M. Madra -- The politics of welfare in Turkey / Erdem Yörük -- The political economy of environmental policymaking in Turkey : a vicious cycle / Fikret Adaman, Bengi Akbulut, and Murat Arsel -- The politics of energy in Turkey : running engines on geopolitical, discursive, and coercive power / Begüm Özkaynak, Ethemcan Turhan, and Cem İskender Aydın -- The contemporary politics of health in Turkey : diverse actors, competing frames, and uneven policies / Volkan Yılmaz -- Populism in Turkey : historical and contemporary patterns / Yüksel Taşkın -- Old and new polarizations and failed democratizations in Turkey / Murat Somer -- Economic voting during the AKP era in Turkey / S. Erdem Aytaç -- Party organizations in Turkey and their consequences for democracy / Melis G. Laebens -- The evolution of conventional political participation in Turkey / Ersin Kalaycıoğlu -- Symbolic politics and contention in the Turkish Republic / Senem Aslan -- Islamist activism in Turkey / Menderes Çınar -- The Kurdish movement in Turkey : understanding everyday perceptions and experiences / Dilan Okcuoglu -- The Transnational Mobilization of the Alevis of Turkey : from invisibility to the struggle for equality / Ceren Lord -- Politics of asylum seekers and refugees in Turkey : limits and prospects of populism / Fatih Resul Kılınç and Şule Toktaş -- A theoretical account of Turkish foreign policy under the AKP / Tarık Oğuzlu -- US-Turkey relations since WWII : from alliance to transactionalism / Serhat Güvenç and Soli Özel -- Turkey and Europe : historical asynchronicities and perceptual asymmetries / Hakan Yılmaz -- Turkey's foreign policy in the Middle East : an identity perspective / Lisel Hintz -- Turkey and Russia : historical patterns and contemporary trends in bilateral relations / Evren Balta and Mitat Çelikpala -- Citizenship and protest behavior in Turkey / Ayhan Kaya -- Gender politics and the struggle for equality in Turkey / Zehra F. Kabasakal Arat -- Human rights organizations in Turkey / Başak Çalı -- Truth, justice, and commemoration initiatives in Turkey / Onur Bakiner -- The politics of media in Turkey : chronicle of a stillborn media system / Sarphan Uzunoğlu -- The AKP's rhetoric of rule in Turkey : political melodramas of conspiracy from "ergenekon" to "mastermind" / Erdağ Göknar -- The transformation of political cinema in Turkey since the 1960s : a change of discourse / Zeynep Çetin-Erus and M. Elif Demoğlu -- Political music in Turkey : the birth and diversification of dissident and conformist music (1920-2000) / Mustafa Avcı.

When Courts Do Politics

Author : Joseph Oloka-Onyango
Publisher : Cambridge Scholars Publishing
Page : 380 pages
File Size : 48,8 Mb
Release : 2017-06-23
Category : Political Science
ISBN : 9781443864091

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When Courts Do Politics by Joseph Oloka-Onyango Pdf

Using the phenomenon of public interest litigation (PIL) as the primary focus of analysis, this book explores the manner in which the judicial branch of government in the three East African states of Kenya, Tanzania and Uganda has engaged with questions traditionally off-limits to adjudication and court-based resolution. It is rooted in an incisive investigation of the history of politics and governance in the sub-region, accompanied by an extensive repertoire of judicial decisions. It also provides a critical and informative account of the manner in which courts of law have engaged with State power in a bid to alternatively deliver or subvert justice to the socially marginalized and the politically victimized. The focus of the book is on judicial struggles over sexual and gender-based discrimination, social justice and poverty, and the adjudication of presidential elections. Employing the device of case deconstruction and analysis, the study uncovers the conceptual and structural factors which have witnessed public interest litigation emerge as a critical factor in the struggle for more inclusive and equitable structures of governance and social order. Needless to say, as judges battle with time-honoured legal precedents, received dogmas and contending (and often antagonistic) societal forces, the struggle in the courts is neither straightforward nor necessarily always transformative.

Proportionality and Facts in Constitutional Adjudication

Author : Anne Carter
Publisher : Bloomsbury Publishing
Page : 238 pages
File Size : 42,6 Mb
Release : 2022-01-27
Category : Law
ISBN : 9781509936991

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Proportionality and Facts in Constitutional Adjudication by Anne Carter Pdf

This book considers the relationship between proportionality and facts in constitutional adjudication. Analysing where facts arise within each of the three stages of the structured proportionality test – suitability, necessity, and balancing – it considers the nature of these 'facts' vis-à-vis the facts that arise in the course of ordinary litigation. The book's central focus is on how proportionality has been applied by courts in practice, and it draws on the comparative experience of four jurisdictions across a range of legal systems. The central case study of the book is Australia, where the embryonic and contested nature of proportionality means it provides an illuminating study of how facts can inform the framing of constitutional tests. The rich proportionality jurisprudence from Germany, Canada, and South Africa is used to contextualise the approach of the High Court of Australia and to identify future directions for proportionality in Australia, at a time when the doctrine is in its formative stages. The book has three broad aims: First, it considers the role of facts within proportionality reasoning. Second, it offers procedural insights into fact-finding in constitutional litigation. Third, the book's analysis of the dynamic Australian case-law on proportionality means it also serves to clarify the nature and status of proportionality in Australia at a critical moment. Since the 2015 decision of McCloy v New South Wales, where four justices supported the introduction of a structured three-part test of proportionality, the Court has continued to disagree about the utility of such a test. These developments mean that this book, with its doctrinal and comparative approach, is particularly timely.

The World Bank Legal Review, Volume 5

Author : Hassane Cisse,N. R. Madhava Menon,Marie-Claire Cordonier Segger,Vincent O. Nmehielle
Publisher : World Bank Publications
Page : 690 pages
File Size : 42,6 Mb
Release : 2013-11-26
Category : Law
ISBN : 9781464800382

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The World Bank Legal Review, Volume 5 by Hassane Cisse,N. R. Madhava Menon,Marie-Claire Cordonier Segger,Vincent O. Nmehielle Pdf

This volume explores the potentially transformative role of effective laws and legal institutions in providing people with more opportunity that is both inclusive and equitable.

Equality in Kenya’s 2010 Constitution

Author : Victoria Miyandazi
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 51,5 Mb
Release : 2021-02-25
Category : Political Science
ISBN : 9781509941216

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Equality in Kenya’s 2010 Constitution by Victoria Miyandazi Pdf

This book makes a significant contribution to the ongoing global conversations on the various understandings of equality. It illuminates the many ways in which diverse equality guarantees clash, or are interrelated. It also sets out principled approaches on how they can be coherently interpreted to address the myriad inequalities in Kenya. Taking a comparative approach, the book considers how other jurisdictions including the United States, United Kingdom, Canada, South Africa, India and Botswana have approached the conceptualisation, interpretation and application of various equality concepts. The book focuses on important issues such as: - transformative constitutionalism in relation to the interpretation of Kenya's 2010 Constitution; - expanding the list of enumerated grounds for non-discrimination; - affirmative action; - accommodating religious and cultural diversity versus gender equality; - the interrelation between socio-economic rights and status-based equality.

The New Constitutional Law of Kenya. Principles, Government and Human Rights

Author : Kiwinda Mbondenyi,Osogo Ambani
Publisher : African Books Collective
Page : 268 pages
File Size : 48,9 Mb
Release : 2012-12-29
Category : Law
ISBN : 9789966031907

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The New Constitutional Law of Kenya. Principles, Government and Human Rights by Kiwinda Mbondenyi,Osogo Ambani Pdf

The golden thread that cuts across the various chapters of the book is the emphasis that good constitutions anchor certain tenets that have garnered recognition as hallmarks of democratic dispensation. These hallmarks include the concept of separation of powers; the doctrine of the rule of law; constitutionalism and human rights. These attributes have largely been secured by the 2010 Constitution. Thus, this book is expected to contribute to this new promise by making knowledge on the Constitution accessible through breaking down and contextualising its provisions. It is certain to be useful to law and government students, lawyers, researchers and other persons who seek to understand the new constitutional order.

Supreme Court Confirmation Hearings and Constitutional Change

Author : Paul M. Collins,Lori A. Ringhand
Publisher : Cambridge University Press
Page : 313 pages
File Size : 53,7 Mb
Release : 2013-06-24
Category : Law
ISBN : 9781107276918

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Supreme Court Confirmation Hearings and Constitutional Change by Paul M. Collins,Lori A. Ringhand Pdf

Before Supreme Court nominees are allowed to take their place on the High Court, they must face a moment of democratic reckoning by appearing before the Senate Judiciary Committee. Despite the potential this holds for public input into the direction of legal change, the hearings are routinely derided as nothing but empty rituals and political grandstanding. In this book, Paul M. Collins and Lori A. Ringhand present a contrarian view that uses both empirical data and stories culled from more than seventy years of transcripts to demonstrate that the hearings are a democratic forum for the discussion and ratification of constitutional change. As such, they are one of the ways in which 'We the People' take ownership of the Constitution by examining the core constitutional values of those permitted to interpret it on our behalf.

Disability and Social Justice in Kenya

Author : Nina Berman,Rebecca Monteleone
Publisher : University of Michigan Press
Page : 331 pages
File Size : 52,9 Mb
Release : 2022-05-19
Category : Political Science
ISBN : 9780472055357

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Disability and Social Justice in Kenya by Nina Berman,Rebecca Monteleone Pdf

This interdisciplinary and multivocal study reviews achievements and challenges related to the situation of persons with disabilities in Kenya today, in light of the country's longer history of disability and the wide range of local practices and institutions.

Turkish Secularism

Author : Tarlan Masmaliyeva
Publisher : Springer Nature
Page : 273 pages
File Size : 55,5 Mb
Release : 2024-01-15
Category : Law
ISBN : 9783031460111

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Turkish Secularism by Tarlan Masmaliyeva Pdf

There are any number of studies on Turkish secularism. However, to date there has never been a comprehensive analysis of the constitutional protection of secularism, one that systematically covers all relevant aspects. Addressing that gap, this book presents a comprehensive and coherent analysis of the constitutional framework of this principle within the Turkish legal system. Secularism is a common fundamental principle of all three Turkish constitutions (1924, 1961, 1982). The principle has been granted an irrevocable status and has been strictly constructed within the Turkish constitutional system. Despite the guarantee of irrevocability, however, its interpretation and application have undergone a drastic transformation in response to changing social and political circumstances. Today, the complaints filed before the domestic and international judiciary predominantly concern the Turkish State’s neutrality and impartiality towards religion and the exercise of freedom of religion by religious minorities. While many observers have interpreted these problems in light of the contemporary policies pursued in the field of religion, a closer look reveals that the problem lies deeper in Turkey’s general constitutional framework. While the 1982 Constitution declares the principle as an unamendable characteristic of the Republic and protects it with multi-layered mechanisms, certain anti-democratic features of the Constitution, including the President’s predominant role in forming the high-ranking judiciary, affect the proper and consistent application of the principle of secularism. The consolidation of the secular state order depends on various factors other than a suitable constitution. However, it goes without saying that constitutions can help or hinder efforts to find solutions. Therefore, this book identifies the deficiencies in the Turkish constitutional and legal framework regarding the protection of secularism. It presents the historical development and definition of a secular state, analyzes the jurisprudence of the Turkish Constitutional Court and the European Court of Human Rights, studies the application of the party prohibition mechanism as a means of protecting the principle, and assesses the constitutional amendments of 2001, 2010 and 2017. Moreover, it proposes much-needed constitutional and legal amendments with a view to improving the application of the principle of secularism.

How Failed Attempts to Amend the Constitution Mobilize Political Change

Author : Roger C. Hartley
Publisher : Vanderbilt University Press
Page : 331 pages
File Size : 54,5 Mb
Release : 2021-04-30
Category : Law
ISBN : 9780826503961

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How Failed Attempts to Amend the Constitution Mobilize Political Change by Roger C. Hartley Pdf

Since the Constitution's ratification, members of Congress, following Article V, have proposed approximately twelve thousand amendments, and states have filed several hundred petitions with Congress for the convening of a constitutional convention. Only twenty-seven amendments have been approved in 225 years. Why do members of Congress continue to introduce amendments at a pace of almost two hundred a year? This book is a demonstration of how social reformers and politicians have used the amendment process to achieve favorable political results even as their proposed amendments have failed to be adopted. For example, the ERA "failed" in the sense that it was never ratified, but the mobilization to ratify the ERA helped build the feminist movement (and also sparked a countermobilization). Similarly, the Supreme Court's ban on compulsory school prayer led to a barrage of proposed amendments to reverse the Court. They failed to achieve the requisite two-thirds support from Congress, but nevertheless had an impact on the political landscape. The definition of the relationship between Congress and the President in the conduct of foreign policy can also be traced directly to failed efforts to amend the Constitution during the Cold War. Roger Hartley examines familiar examples like the ERA, balanced budget amendment proposals, and pro-life attempts to overturn Roe v. Wade, but also takes the reader on a three-century tour of lesser-known amendments. He explains how often the mere threat of calling a constitutional convention (at which anything could happen) effected political change.

Constitutional Law in Switzerland

Author : Alexander Misic,Nicole Töpperwien
Publisher : Kluwer Law International B.V.
Page : 330 pages
File Size : 53,7 Mb
Release : 2018-06-07
Category : Law
ISBN : 9789041196149

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Constitutional Law in Switzerland by Alexander Misic,Nicole Töpperwien Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Switzerland provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Switzerland will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Rights in Divided Societies

Author : Colin Harvey,Alex Schwartz
Publisher : Bloomsbury Publishing
Page : 284 pages
File Size : 45,8 Mb
Release : 2012-07-20
Category : Law
ISBN : 9781847319807

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Rights in Divided Societies by Colin Harvey,Alex Schwartz Pdf

This collection examines the role and value of rights in divided and post-conflict societies, approaching the subject from a comparative and theoretical perspective. Societies emerging from violent conflict often opt for a bill of rights as part of a wider package of constitutional reform. Where conflict is fuelled by longstanding ethno-national divisions, these divisions are often addressed through group-differentiated rights. Recent constitutional settlements have highlighted the difficulties in drafting a bill of rights in divided/post-conflict societies, where the aim of promoting unity is frequently in tension with the need to accommodate difference. In such cases, a bill of rights might be a rallying point around which both minorities and the majority can articulate a common vision for a shared society. Conversely, a bill of rights might provide merely another venue in which to play out familiar conflicts, further dividing an already divided society. The central questions that animate the collection are: (1) Can constitutional rights provide a basis for unity and a common 'human rights culture' in divided societies? If so, how? (2) To what extent should divided societies opt for a universalistic package of rights protections, or should the rights be tailored to the specific circumstances of a divided society, providing for special group-sensitive protections for minorities? (3) Is a divided society more or less likely to adopt a bill of rights? (4) How does the judiciary figure in the management or resolution of ethno-national conflict? (5) What are the general theoretical and philosophical issues at stake in a rights-based approach to the management or resolution of ethno-national divisions or other conflicts?

Courts and Comparative Law

Author : Mads Tønnesson Andenæs,Duncan Fairgrieve
Publisher : Oxford University Press, USA
Page : 756 pages
File Size : 50,8 Mb
Release : 2015
Category : Law
ISBN : 9780198735335

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Courts and Comparative Law by Mads Tønnesson Andenæs,Duncan Fairgrieve Pdf

While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.