Towards a new Constitution for Türkiye
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Edited by Fatih Öztürk This book begins with an historical review of constitution making in Türkiye, from 1867 to today from legal, political and philosophical perspectives. Questions discuss how Türkiye might achieve the need for “effective” governance, stabilize democracy, and deal with elite interests versus interests of common people. The Ottoman Turkish constitution of 1867 was the first constitution experiment in Western style, while the 1921, a Parliament-based new constitutional amendment made further reforms. 1946 was Türkiye’s beginning of a multi-party democracy, followed by decades of problems with military coups, authoritarianism, militant groups and extremist ideologies. Challenges for Türkiye include governance checks and balances, parliament supremacy, and the politicization of Islamic values. Further sections in the book deal with human rights, recall of politicians, political process, legitimacy and connections to constitutions, public initiatives such as British Columbia’s abolishing the HST in 2011. Some more questions raised: is housing a constitutional right? Should LGBT rights be included in a Turkish constitution? How best to constitutionalize tax justice? This analysis by legal scholars should not be missed.
“This book is well worth the read on constitutions. It demonstrates a good understanding of the issues from a Turkish perspective.” — Warren J. Newman, Senior Counsel, Justice Canada
About the editor:
Fatih Öztürk is Associate Professor in Constitutional Law at Istanbul University, Faculty of Law. He is currently working on public participation in constitution-making, and application of checks and balances in presidential systems. He holds an L.L.B from Istanbul University, Türkiye, an L.L.M from California Western Law School, USA and an L.L.M from Queen’s University in Canada in 2005. He completed his Ph.D. at Istanbul University, Türkiye. His other books include: ABD ve Kanada Federalizmi (American and Canadian Federalism) (Istanbul, Filiz Publishing, 2021), Karşılaştırmalı Anayasa Yargısında Politik Sorun ve Yargısal Aktivizm Doktrini (Political Question and Judicial Activism Doctrine in Comparative Constitutional Jurisdiction: Do We Need Judicial Review?), 4th ed. (Istanbul, Filiz Publishing House, 2021), Yeni Anayasa İçin Yol Haritası, ed. Fatih Öztürk (A Route Map of A New Constitution For Turkey), 3rd ed. (Istanbul, Filiz Publishing House, 2021), Hukuk ve Din (Law and Religion, 732 pgs. translated from English to Turkish) Istanbul, 2019, Essays in Turkish and Comparative Law (Istanbul, Filiz Publishing House, 2013), Ottoman & Turkish Law, (Bloomington, Indiana, USA, iUniverse LLC, 2014), A Road Map of A New Constitution for Turkey: Essays in Comparative Constitutional Law, ed. Fatih ÖZTÜRK, Murat YANIK, Hüseyin ÖZCAN, (Durham, North Carolina, USA, Carolina Academic Press, 2014).
Contents
Introduction, history, references, Fatih Öztürk
Again: From 1867 to Today, Making a Constitution under an Elite Umbrella in Türkiye, Fatih Öztürk
Human Rights in Turkish Constitutions, Duygu Gündüz
The New Constitution and the Institution of Recall, Bilge Turan
Checks and Balance in Türkiye’s Constitutional System, Saliha Alçiçek
Transition to a New Order: The Political Process Leading to the 1924 Constitution and the Abolition of the Caliphate, Başar Dermenci
The Concept of Legitimacy and Legitimacy in the Constitution, Sevilay Bostancı
Türkiye’s New Constitution and Public Initiative, Ege Göktaş
Could the Istanbul Convention be a Crossroads for Türkiye? Hasna Niran Yalman
A Human Right: The Right to Affordable Housing, İpek Genç
LGBT v. Freedom of Religion, Sümeyye Karadere
Tax Justice in the New Constitution, Muttalip Erdem
Quality Paperback, 8.5×11” 166 pg, Publication date: December 2023, ISBN 978-0-88970-257-8: $39.95
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