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The Constitutional System of Turkey by E. Özbudun Pdf
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.
The Constitutional System of Turkey by Ergun Özbudun Pdf
This book provides a critical discussion of the Turkish constitutional system. Following an analysis of the socio-political context and the history of Turkey's constitutional development, the basic characteristics of the current (1982) Constitution are discussed, with special emphasis on secularism and nationalism which constitute the two pillars of the founding philosophy of the Republic (i.e., Kemalism). Further chapters focus on each of the three branches of government (parliament, the executive and the administration, and the judiciary) considered in light of current constitutional issues and debates. Two further important and also controversial issues relating to contemporary Turkish constitutionalism, namely, constitutional justice and constitutional amendment are also considered in separate chapters. This study concludes with an analysis of the current search for a new constitution.
Introduction to Turkish Law by Tugrul Ansay,Don Wallace Jr,Işık Önay Pdf
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.
Author : Ömer Faruk Gençkaya,Ergun Özbudun Publisher : Central European University Press Page : 155 pages File Size : 51,6 Mb Release : 2009-03-20 Category : Law ISBN : 9786155211690
Democratization and the Politics of Constitution-Making in Turkey by Ömer Faruk Gençkaya,Ergun Özbudun Pdf
Explores and illustrates how domestic and international factors shape the direction of democratization process with special reference to constitution making process in Turkey. Describes how all five Turkish constitutions were, by and large, the products of indigenous effort, although borrowing could be felt in certain limited areas. Argues that the constitutional reforms in the post-1983 period were the outco me of broad inter-party negotiations and agree ments as a response to the society's demands for a more democratic and liberal political system. Finally, the constitutional revisions adopted since 1995 were strongly conditioned by Turkey's hope of accession to the European Union. With these reforms, Turkey was successful in meeting the political criteria and started accession negotiations with the EU.
Constitutional Developments of Turkey Since Ottoman Times to the Present State of the Modern Turkish Republic by Mehmet Merdan Hekimoglu Pdf
Research Paper (postgraduate) from the year 2010 in the subject Law - Public Law / Miscellaneous, language: English, abstract: This Study concerns itself with the Turkish constitutional developments from Ottoman times to the present state of the modern Turkish Republic.In this way, the historical constitutional experience of the Turkish society will be presented compactly. To this end, first a general overview of Turkish history of law is to be given. The constitutional developments are hereby pointed out from the Ottoman State to the today's Turkish Republic, whereby the respective constitution laws are presented content together. A comparative method will be pursued at this point. Then an introduction is given into the Turkish constitutional amendments in the frame of the EU full membership of Turkey whereby the meaning of these constitutional amendments is shown under the 1982 Constitution of Turkey. Finally, it will be shown that the Turkish people can entirely make a new constitution with only their own natural inner dynamics. The Turkish society, with its rich constitutional experience and its advanced level of development is in a position to do so easily.
Turkey’s Presidential System: Model and Practices by Burhanettin Duran,Nebi Miş Pdf
This book analyzes various aspects of the presidential system of government in Turkey. It provides a detailed summary of the public debate on the transformation of Turkey’s political system along with the arguments made by advocates and opponents of change. At the same time, it concentrates on the constitutional design of the country’s new system of government, which was jointly introduced by the AK Party and the MHP and adopted in the April 16, 2017 constitutional referendum. It also analyzes the impact of presidentialism on political life in Turkey. The book concentrates on the transformation of the political system with the April 16, 2017 referendum along with its timing, approach to political law, democratic criteria, and content. Additionally, the political and practical reasons for Turkey’s adoption of the executive presidency model are explained from a historical perspective. The discussions about system change and the mandate of the legislative branch in the lead-up to the April 16, 2017 constitutional referendum are evaluated. Furthermore, the potential contributions of Turkey’s transition to presidentialism to the transformation of the Turkish bureaucracy are analyzed. Lastly, arrangements made under the new system regarding the judiciary are systematically addressed.
VOLUME II POLITICAL INSTITUTIONS AND PROCESSES PART 5 Constitutional framework 1 (22) The politics of constitution making 3 (20) Ergun Özbudun PART 6 Executive 23 (12) The status of the president of the republic under the Turkish constitution of 1982: presidentialism or parliamentarism? 25 (10) Ergun Özbudun PART 7 Bureaucracy 35 (18) Society and bureaucracy: the civil service 37 (16) David Barchard PART 8 Parliament 53 (44) Cyclical development, redesign and nascent institutionalization of a legislative system 55 (42) Ersin Kalaycıoğlu PART 9 Party system 97 (78) Turkish party system in transition: party performance and agenda change 99 (32) Ali Çarkoğlu Turkish political parties and elections: half a century of multiparty democracy 131 (20) Frank Tachau The changing party system 151 (24) Sabri Sayarı PART 10 Elections, voting 175 (90) Voter profiles and fragmentation in the Turkish party system 177 (17) Cem Başlevent Hasan Kirmanoğlu Burhan Şenatalar At the ballot-box: determinants of voting behaviour in Turkey 194 (23) Yılmaz Esmer Regional cleavages in Turkish politics: an electoral geography of the 1999 and 2002 national elections 217 (28) W. Jefferson West Unconventional political participation in Turkey and Europe: comparative perspectives 245 (20) Ersin Kalaycıoğlu Part 11 Interest group politics, civil society 265 (64) Non-state actors and environmentalism 267 (18) Ciğdem Adem Globalization, civil society and citizenship in Turkey: actors, boundaries and discourses 285 (18) E. Fuat Keyman Ahmet İçduygu Business, globalization and democracy: a comparative analysis of Turkish business associations 303 (26) Ziya Öniş Umut Türem PART 12 The military 329 The Turkish military’s decision to intervene: 12 September 1980 331 (25) Tanel Demirel The Justice and Development Party government and the military in Turkey 356 (19) Metin Heper Problems of democratic governance of civil-military relations in Turkey and the European Union enlargement zone 375 (18) Umit Cizre Turkish politics and the military: a comparative analysis 393 William M. Hale Acknowledgements vii
The Presidential System in Turkey by Battal Yilmaz Pdf
This book explores the opportunities and obstacles to a presidential system in Turkey as proposed by the Justice and Development Party (AK Party). Since the formation of Turkey's parliamentary system in 1909, there have been many attempts to replace it with an elected executive branch. After the referendum for constitutional amendment to elect the president by the people in 2007 and the elections of 2014, these discussions have increased in intensity. The author explores these debates chronologically and discusses the broader theoretical framework of these different government systems. He also adds a comparative analysis of elections and democratic transition between Turkey, Tunisia, and Egypt.
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.
Perspectives on democracy in Turkey by Ergun Özbudun,Turkish Political Science Association Pdf
CHAPTER 1: DEVEWPMENT OF DEMOCRATIC GOVERNMENT IN TURKEY: CRISES, INTERRUPTIONS AND REEQUILIBRATIONS by Ergun Özbudun 1 The Development of Representative and Democratic Government The Ottoman Empire 2 The First Ottoman Parliament 6 The Second Constitutionalist Period (1908-1918) 8 The National Liberation Period (1918-1923) 9 The Consolidation ofthe Republic 11 Transition to MuJtiparty Politics and the Democratic Party Period 14 Turkey' s Second T ry at Democracy (1961-1980) 19 The 1980 Coup and the 1982Constitution 25 Return to Competitive Politics and the1983 Elections 28 An Appraisal 30 Theoretical Analysis 31 Political CuJture 31 Historical Development 35 Class Structure 36 State Structure and Strength 38 Political Structure 41 Political Leadershlp 43 Development Performance 43 International Factors 44 Future Prospects and Policy Implications 45 Policies Promotlng the Growth of Clv/I Soc/ety 45 Policies Promotlng Governmental Stabll/ty and Efticleney 47 Policies Promotlng Economlc Growth and Equity 49 Conclusion 51 Notes CHAPTER 2: STAGES OF POLlTICAL DEVELOPMENT IN THE TURKISH REPUBLIC by İlter Turan 59 The Consolidation of the Nation State and the Evalution of an Infrastructure for PoliticalCompetition 61 The Consolidation of the Political System 61 The Transition to Competitive Politics 64 The Democratic Party Period: The Failure of the First Turkish Experiment with Political Democracy 72 The Legacy of the Single Party 73 The Political Consequences of Economic Pol/cies 76 Growing Authoritarianism of the Democratic Party 79 The First Turkish Democraey: An Appraisal 81 The Reconstruction of the Turkish Democracy and Us Second Demise 83 The Parties and the Party System 86 The Governments 88 The Legislature and Legislators 89 The Decline of the Bureaucracy 92 The Second Turkish Democratic Experiment: An Appraisal 94 The Turkish Attempts at Democracy: Some Basic Problem s 95 The Primacy of the Collectivity 96 The Primacy of Polities 97 Political Elitism 100 The Cost of Being out of Power 103 Concluding Remarks 106 Notes 108 CHAPTER 3: POST-1980 PARTI ES AND POLITICS IN TURKEY by Üstün Ergüder 113 Maladies of the Party System During the 1980s 117 V olatility 117 Fragmentation 119 Polarization 122 The 1983 Election 126 Post-1983 Developments: The Dilemmas of the Party System 129 The 1987 Eleetion: "Reinstatement or Reform" Revisited 133 Notes 141 CHAPTER 4 THE GRAND NATIONAL ASSEMBLY OF THE POST-1983 MULTI-PAR1Y ERA by Ersin Kalaycıoğlu 147 Introduction 149 The Process of Legislative Institutionalization and the Turkish Grand National Assembly 155 The House Rules and Norms: The Rules of Procedure in the TGNA 157 Procedural Rules Conceming the House Activities ot the Legislators 159 Politicaı Parties in the TGNA 164 Party Discipline in the TGNA 166 Legislative Activities and the Party Groups in the TGNA 169 The Commission Structure and Activity in the TGNA 175 Conclusion 181 Notes 184 CHAPTER 5: HUMAN RIGHTS AND THE RULE OF LAW by Ergun Özbudun 193 The Rule of Law under the Constitution of 1982 196 Human Rights 198 The Independence ot the Judiciary 202 The Constitutional Court and Judicial Review ot the Constitutionality ot Laws 203 Turkeyand the International Protectionot Human Rights 206 Notes 209.
Modern Turkey: Continuity and Change by Ahmet Evin,Ergun Özbudun Pdf
Presented in this volume are essays and surveys examining elements of continuity within the context of the broad changes that have marked the history of modern Turkey. The establishment of the Turkish Republic in 1923 represented a fresh start after the demise of the Ottoman Empire that had spanned the medieval and the modern times, but had become too outdated to cope with the complexities of the industrialized world. Although the Republic was meant to shed the burden of the past in order to meet the challenges of the contemporary era as a modern nation-state, it nevertheless inherited a great deal from the rich civilization of the Ottoman period. Over the last sixty years modern Turkey has been standing up to the challenges of the increasingly demanding and fast changing world of the twentieth century. The fact that it has been able to do so is in no small measure due to its adherence to the principles of evolution and development to keep pace with contemporary civilization. And it is the adherence to these principles that have provided a continuity along with flexibility in social, economic, political, legal, administrative and diplomatie spheres, which are discussed by the contributors to this volume.
