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Offers an in-depth case study of the failure of popular constitution making in Turkey from 2011 to 2013.
How can fragmented, divided societies that are not immediately compatible with centralised statehood best adjust to state structures? This book employs both comparative constitutional law and comparative politics, as it proposes the idea of a 'constituent process', whereby public participation in constitution making plays a positive role in state building. This can help to foster a sense of political community and produce a constitution that enhances the legitimacy and effectiveness of state institutions because a liberal-local hybrid can emerge to balance international liberal practices with local customary ones. This book represents a sustained attempt to examine the role that public participation has played during state building and the consequences it has had for the performance of the state. It is also the first attempt to conduct a detailed empirical study of the role played by the liberal-local-hybrid approach in state building.
Examines constitutional change in Latin America from 1900 to 2008 and provides the first systematic explanation of the origins of constitutional designs.
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.
Constitution-making is a major event in the life of a country, with constitutions often acting as a catalyst for social and political transformation. But what determines the visions, aspirations and compromises that go into a written constitution? In this unique volume, constitution makers from countries around the world come together to offer their insights. Using a collection of case studies from countries with recently written constitutions, Constitution Makers on Constitution Making provides a common framework to explain how constitutions are created. Scholars and practitioners very close to the process illuminate critical insights into how participants see constitutional options, how deadlocks are broken, and how changes are achieved. This vital volume also draws lessons concerning the role of courts in policing the process, on international involvement, and on public participation.
This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its intended aims - protecting constitutional democracy foremost among them. With its promise most appealing in transitional, post-conflict, and fragile democracies, unamendability reveals itself, counterintuitively, to be both less potent and potentially more dangerous in precisely these contexts. The book also places the rise of eternity clauses in the context of other significant trends in recent constitutional practice: the transnational embeddedness of constitution-making and of constitutional adjudication; the rise of popular participation in constitutional reform processes; and the ongoing crisis of democratic backsliding in liberal democracies.
Constitution making is a topic of increasing scholarly and practical interest. Focusing on a set of important case studies, yet also featuring classic articles on the subject, this volume is a critical assembly of theoretical literature. Ensuring wide geographic and historical coverage, and including an original introduction by the editors, this collection provides an essential overview of the myriad of circumstances in which constitutions can be made.
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."
Buddhism and Comparative Constitutional Law offers the first comprehensive account of the entanglements of Buddhism and constitutional law in Sri Lanka, Myanmar, Thailand, Cambodia, Vietnam, Tibet, Bhutan, China, Mongolia, Korea, and Japan. Bringing together an interdisciplinary team of experts, the volume offers a complex portrait of “the Buddhist-constitutional complex,” demonstrating the intricate and powerful ways in which Buddhist and constitutional ideas merged, interacted and co-evolved. The authors also highlight the important ways in which Buddhist actors have (re)conceived Western liberal ideals such as constitutionalism, rule of law, and secularism. Available Open Access on Cambridge Core, this trans-disciplinary volume is written to be accessible to a non-specialist audience.
The first systematic study of the most important types of arbitration - and their limits - from a constitutional perspective.