Minorities in Constitution Making in Turkey


Book Description

This book addresses the constitutional journey of religious minorities in modern Turkey, specifically the Lausanne minorities, who have been both coded and blacklisted in the official records for decades. It focuses on the non-Muslim citizens who have maintained their lives with confidential codes without knowing that these codes have been instrumentally used for strategic purposes. In spite of such discriminatory practices, they are on the way to a new democratic and civil constitution. It is significant to note that this will be their first constitutional experience in post-republic history. The first book to document the role of religious minorities in constitution making in modern Turkey, it lists recent discussions and findings on this controversial process. One of the important findings of this study is that government-led initiatives endeavouring to be inclusive have had the opposite effect.




The Failure of Popular Constitution Making in Turkey


Book Description

Offers an in-depth case study of the failure of popular constitution making in Turkey from 2011 to 2013.




A Quest for Equality


Book Description

Though Turkey is a land of vast ethnic, linguistic and religious diversity - home not only to Turks, Kurds and Armenians, but also, among others, Alevis, Ezidis, Assyrians, Laz, Caferis, Roma, Rum, Caucasians and Jews, the history of the state is one of severe repression of minorities in the name of nationalism. This report sets current law and practice in Turkey against the backdrop of equivalent international standards on linguistic rights of minorities; freedom of religion, thought and conscience; freedom of expression; freedom of assembly and association; political participation; property rights and anti-discrimination.




Minorities and Nationalism in Turkish Law


Book Description

Examining the on-going dilemma of the management of diversity in Turkey from a historical and legal perspective, this book argues that the state’s failure to accommodate ethno-religious diversity is attributable to the founding philosophy of Turkish nationalism and its heavy penetration into the socio-political and legal fibre of the country. It examines the articulation and influence of the founding principle in law and in the higher courts’ jurisprudence in relation to the concepts of nation, citizenship, and minorities. In so doing, it adopts a sceptical approach to the claim that Turkey has a civic nationalist state, not least on the grounds that the legal system is generously littered by references to the Turkish ethnie and to Sunni Islam. Also arguing that the nationalist stance of the Turkish state and legal system has created a legal discourse which is at odds with the justification of minority protection given in international law, this book demonstrates that a reconstruction of the founding philosophy of the state and the legal system is necessary, without which any solution to the dilemmas of managing diversity would be inadequate. Adopting an interdisciplinary approach, this timely book will interest those engaged in the fields of Middle Eastern, Islamic, Ottoman and Turkish studies, as well as those working on human rights and international law and nationalism.




Judicial Review of Constitutional Amendments


Book Description

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.




Human Rights in Turkey


Book Description

The book provides the historical setting of Turkey related to the development of democracy, human rights issues, the treatment of cultural and ethnic minorities, and the short- and long-term consequences of the crackdown including impacts on individuals, institutions like education and the media, the criminal justice system, the economy, and Turkey’s standing in the international community. Since the foundation of the Republic of Turkey, the military and the media have been the main traditional powers of oppressive, secularist, and nationalist regimes in the country. After a period of initial reforms, rather than eliminating the structures of the authoritarian state, Recep Tayyip Erdoğan seized the levers of power and used them aggressively against his political enemies. He turned Turkey into a one-man regime after the failed coup attempt on July 15, 2016, and his actions included the widespread violation of human rights. This book tells the tale of the consequences of the measures taken after the failed coup attempt that have adversely impacted the development of democracy and human rights in Turkey, altering the nation’s course of history. Beginning with a State of Emergency that was declared in July of 2016, Turkey has moved to a more authoritarian state. Among the consequences of the actions taken have been imprisonment of hundreds of thousands, the shuttering of media, the dismissal of public employees, the dismissal of academics, jailed elected Kurdish politicians, and the misuse of the criminal justice to victimize the population. Adverse effects have included widespread violations of human rights, torture, and mistreatment of prisoners, false imprisonment, and the absence of the right to a fair trial. This book examines some of the thorniest questions of Turkish democratization and human rights, including the underlying reasons for the decay of democracy and what has happened as a result of this decay. Among these is a deterioration of the educational system, a reduction in economic stability, the absence of the rule of law and due process, a radical transformation of the country, and violations of universal human rights. Endorsements: As one who knows people who have been victimized by the authoritarian regime in Turkey, “Human Rights in Turkey” provides unique insights and perspectives on the changes that have befallen his wonderful country. It is truly insightful. David L. Carter, Ph.D., Michigan State University Human Rights in Turkey: Assaults on Human Dignity fills a major gap in contemporary political scholarship. Its elucidation of Turkey’s democratic backsliding into a one-man authoritarian regime is insightful and unique. Absolutely required reading for anyone who cares about this beautiful country, its wonderful people, and its uncertain future. Kati Piri, Member of the European Parliament and Delegation to the EU-Turkey Joint Parliamentary Committee Aydin’s and Langley’s book addresses critical issues in a critical case. Turkey had been regarded as a rising democracy in a troubled region, but in recent years the country has experienced troubling signs of democratic erosion. Central to that decline is the precarious status of basic human rights of expression, association, religion, and due process. This book explores what has happened and how it affects individuals and the Turkish polity more broadly. John M. Carey, Ph.D.. Wentworth Professor in the Social Sciences, Dartmouth College, NH, USA Turkey was once a poster-boy of the league of modernizing countries – a staunch ally of the West, an almost-democracy that would become better soon enough. It might even be the first Muslim country to join the European Union. That image now lies shattered under the erratic one-man-show of Tayyip Erdoğan. The police state reigns supreme, opposition is cowed, the courts are in shambles, and more journalists are jailed for their opinions than in any other country. How did it all come to this pass? This collection of essays examines the visible and obscure causes of the catclysmic events that have transformed Turkey. They question the long-established state of semi-freedom under secular rule, as well as the “Islamic” challenges that have arisen since Erdoğan’s rise to power. Sevan Nisanyan, Historian, Linguist, and Political Refugee, Greece Situated right at the border between East and West, Turkey and its volatile political development continues to attract attention from people interested in the prospect for democracy. This book offers an impressive and thorough account of the recent democratic backsliding and reveals that not only the hope for a consolidation of liberal democracy but also large sections of the population are victims of rising authoritarianism. Jacob Torfing, PhD., Professor in Politics and Institutions, Roskilde University, Denmark A fascinating book detailing the rapid deterioration of human rights in Turkey, involving false imprisonment, job dismissals, media restrictions, and due process violations. A careful examination of the swift decline of democracy, transforming a prospering country into one where economic, educational, and social stability, and the operation of the justice system were impacted by a government declaration of a State of Emergency. A comprehensive analysis of the ways in which a society changes when human rights are not enforced in accord with the principles of due process and the rule of law. Jay Albanese, PhD., Virginia Commonwealth University, Wilder School of Government & Public Affairs As a human rights activist and a victim of severe human rights violations in Turkey, I recognize the value of the chapters, as they provide a thorough examination and analysis of subjects regarding Human rights violations in Turkey. The book comprehensively chronicles the events pertaining to the steady rise of political authoritarianism. The relevancy of the issues addressed in each chapter make the book important in regard to the emerging civil society movement in Turkey. Furthermore, the descriptions of the severe decline of human rights and the democratic backsliding towards authoritarianism and facism during the last decade in Turkey, highlights the significance of the book. Haluk Savas, PhD., Professor of Psychiatry, Psychotherapist And Editor in Chief of KHK TV (Voice of Rights), Turkey Human rights violations are a world-wide phenomenon, occurring in various capacities and to varying degrees in each country. However, unique to Turkey, is the rapid increase in violations that are not the result of deeply rooted social practices, but rather are contingent upon political decisions. Therefore, the cases of these violations are worthy of study. Hercules Millas, PhD., Political Scientist, Greece We are living in a “Geography of Genocide.”Historically, Unionists (committtee of union and progress) who committed the 1915 Armenian Genocide, established the Republic of Turkey. As a result, a distorted history and official ideology for the state was established. Furthermore, “redlines” in the country, such as the Kurdish Question, the Armenian Genocide, and the Cyprus Issue, were fabricated. Until today, the Turkish Republic remains in denial of the problems that have caused major human rights violations. This book chronicles a very important reality that evaluates the “core state structure” in Turkey, which remains intact even though rulers have changed, through human rights violations. Eren Keskin, Lawyer and Human Right Activist, The Vice-president of the Human Rights Association, Turkey




Protecting Minority Rights in African Countries


Book Description

In this enlightening book, John Mukum Mbaku analyses the main challenges of constitutional design and the construction of governance institutions in Africa today. He argues that the central issues are: providing each country with a constitutional order that is capable of successfully managing sectarian conflict and enhancing peaceful coexistence; protecting the rights of citizens ? including those of minorities; minimizing the monopolization of political space by the majority (to the detriment of minorities); and, effectively preventing government impunity. Mbaku offers a comprehensive analysis of various approaches to the management of diversity, and shows how these approaches can inform Africa?s struggle to promote peace and good governance. He explores in depth the existence of dysfunctional and anachronistic laws and institutions inherited from the colonial state, and the process through which laws and institutions are formulated or constructed, adopted, and amended. A close look at the constitutional experiences of the American Republic provides important lessons for constitutional design and constitutionalism in Africa. Additionally, comparative politics and comparative constitutional law also provide important lessons for the management of diversity in African countries. Mbaku recommends state reconstruction through constitutional design as a way for each African country to provide itself with laws and institutions that reflect the realities of each country, including the necessary mechanisms and tools for the protection of the rights of minorities. From students and scholars to NGOs, lawyers and policymakers, this unique and judicious book is an essential tool for all those seeking to understand and improve governance and development in Africa.




Ethnic Minorities and Politics in Post-Socialist Southeastern Europe


Book Description

Southeast European politics cannot be understood without considering ethnic minorities. This book is a comprehensive introduction to ethnic political parties.




Minorities and Nationalism in Turkish Law


Book Description

Examining the on-going dilemma of the management of diversity in Turkey from a historical and legal perspective, this book argues that the state’s failure to accommodate ethno-religious diversity is attributable to the founding philosophy of Turkish nationalism and its heavy penetration into the socio-political and legal fibre of the country. It examines the articulation and influence of the founding principle in law and in the higher courts’ jurisprudence in relation to the concepts of nation, citizenship, and minorities. In so doing, it adopts a sceptical approach to the claim that Turkey has a civic nationalist state, not least on the grounds that the legal system is generously littered by references to the Turkish ethnie and to Sunni Islam. Also arguing that the nationalist stance of the Turkish state and legal system has created a legal discourse which is at odds with the justification of minority protection given in international law, this book demonstrates that a reconstruction of the founding philosophy of the state and the legal system is necessary, without which any solution to the dilemmas of managing diversity would be inadequate. Adopting an interdisciplinary approach, this timely book will interest those engaged in the fields of Middle Eastern, Islamic, Ottoman and Turkish studies, as well as those working on human rights and international law and nationalism.




Post Sovereign Constitution Making


Book Description

Constitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in Central Europe, post-apartheid South Africa, and now in the Arab world, constitution making has become a project not only of radical political movements, but of liberals and conservatives as well. Wherever new states or new regimes will emerge in the future, whether through negotiations, revolutionary process, federation, secession, or partition, the making of new constitutions will be a key item on the political agenda. Combining historical comparison, constitutional theory, and political analysis, this volume links together theory and comparative analysis in order to orient actors engaged in constitution making processes all over the world. The book examines two core phenomena: the development of a new, democratic paradigm of constitution making, and the resulting change in the normative discussions of constitutions, their creation, and the source of their legitimacy. After setting out a theoretical framework for understanding these developments, Andrew Arato examines recent constitutional politics in South Africa, Hungary, Turkey, and Latin America and discusses the political stakes in constitution-making. The book concludes by offering a systematic critique of the alternative to the new paradigm, populism and populist constituent politics.