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The Turkish experience in constitution-making can be described as a series of missed opportunities to create political institutions based on broad consensus. None of the three republican constitutions (those of 1924, 1961, and 1982), nor the Ottoman Constitution of 1876 was written by a Constituent or a Legislative Assembly broadly representative of social forces or through a process of negotiations, bargaining, and compromise. Consequently, they all had weak political legitimacy. No doubt, the prospects of EU membership provided a powerful stimulus for these constitutional reforms as well as the nine harmonization packages. With these reforms, Turkey has sufficiently satisfied the Copenhagen political criteria and started accession negotiations with the EU. It would be wrong to assume, however, that these reforms were simply an outcome of Turkey's desire to join the EU. They also responded to the society's demands for a more democratic and liberal political system. Book jacket.
Offers an in-depth case study of the failure of popular constitution making in Turkey from 2011 to 2013.
Since the end of the 1980 coup d’état Turkey has been in the midst of a complex process of democratization. Applying methodological pluralism in order to provide a comprehensive analysis of this process in a Turkish context, this book brings together contributions from prominent, Turkish, English, French, and Spanish scholars. Turkey’s Democratization Process utilises the theoretical framework of J.J. Linz and A.C. Stepan in order to assess the complex process of democratization in Turkey. This framework takes into account five interacting features of Turkey’s polity when making this assessment, namely: whether the underlying legal and socioeconomic conditions are conducive for the development of a free and participant society; if a relatively autonomous political society exists; whether there are legal guarantees for citizens’ freedoms; if there exists a state bureaucracy which can be used by a democratic government; and whether the type and pace of Turkish economic development contributes to this process. Examining the Turkish case in light of this framework, this book seeks to combine analyses that will help assess the process of democratization in Turkey to date and will be of interest to scholars and researchers interested in Turkish Politics, Democratization and Middle Eastern Studies more broadly.
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.
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.
Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.
Between 1974 and 1990 more than thirty countries in southern Europe, Latin America, East Asia, and Eastern Europe shifted from authoritarian to democratic systems of government. This global democratic revolution is probably the most important political trend in the late twentieth century. In The Third Wave, Samuel P. Huntington analyzes the causes and nature of these democratic transitions, evaluates the prospects for stability of the new democracies, and explores the possibility of more countries becoming democratic. The recent transitions, he argues, are the third major wave of democratization in the modem world. Each of the two previous waves was followed by a reverse wave in which some countries shifted back to authoritarian government. Using concrete examples, empirical evidence, and insightful analysis, Huntington provides neither a theory nor a history of the third wave, but an explanation of why and how it occurred. Factors responsible for the democratic trend include the legitimacy dilemmas of authoritarian regimes; economic and social development; the changed role of the Catholic Church; the impact of the United States, the European Community, and the Soviet Union; and the "snowballing" phenomenon: change in one country stimulating change in others. Five key elite groups within and outside the nondemocratic regime played roles in shaping the various ways democratization occurred. Compromise was key to all democratizations, and elections and nonviolent tactics also were central. New democracies must deal with the "torturer problem" and the "praetorian problem" and attempt to develop democratic values and processes. Disillusionment with democracy, Huntington argues, is necessary to consolidating democracy. He concludes the book with an analysis of the political, economic, and cultural factors that will decide whether or not the third wave continues. Several "Guidelines for Democratizers" offer specific, practical suggestions for initiating and carrying out reform. Huntington's emphasis on practical application makes this book a valuable tool for anyone engaged in the democratization process. At this volatile time in history, Huntington's assessment of the processes of democratization is indispensable to understanding the future of democracy in the world.
The attempt in 2004 to draft an interim constitution in Iraq and the effort to enact a permanent one in 2005 were unintended outcomes of the American occupation, which first sought to impose a constitution by its agents. This two-stage constitution-making paradigm, implemented in a wholly unplanned move by the Iraqis and their American sponsors, formed a kind of compromise between the populist-democratic project of Shi'ite clerics and America's external interference. As long as it was used in a coherent and legitimate way, the method held promise. Unfortunately, the logic of external imposition and political exclusion compromised the negotiations. Andrew Arato is the first person to record this historic process and analyze its special problems. He compares the drafting of the Iraqi constitution to similar, externally imposed constitutional revolutions by the United States, especially in Japan and Germany, and identifies the political missteps that contributed to problems of learning and legitimacy. Instead of claiming that the right model of constitution making would have maintained stability in Iraq, Arato focuses on the fragile opportunity for democratization that was strengthened only slightly by the methods used to draft a constitution. Arato contends that this event would have benefited greatly from an overall framework of internationalization, and he argues that a better set of guidelines (rather than the obsolete Hague and Geneva regulations) should be followed in the future. With access to an extensive body of literature, Arato highlights the difficulty of exporting democracy to a country that opposes all such foreign designs and fundamentally disagrees on matters of political identity.
This book argues that - in terms of institutional design, the allocation of power and privilege, and the lived experiences of citizens - democracy often does not restart the political game after displacing authoritarianism. Democratic institutions are frequently designed by the outgoing authoritarian regime to shield incumbent elites from the rule of law and give them an unfair advantage over politics and the economy after democratization. Authoritarianism and the Elite Origins of Democracy systematically documents and analyzes the constitutional tools that outgoing authoritarian elites use to accomplish these ends, such as electoral system design, legislative appointments, federalism, legal immunities, constitutional tribunal design, and supermajority thresholds for change. The study provides wide-ranging evidence for these claims using data that spans the globe and dates from 1800 to the present. Albertus and Menaldo also conduct detailed case studies of Chile and Sweden. In doing so, they explain why some democracies successfully overhaul their elite-biased constitutions for more egalitarian social contracts.
Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."