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Much has been written on the increasing significance of domestic courts in the international realm. However, the role of the Turkish constitutional judges in determining and orienting the relationship between international law and Turkish domestic law has rarely been subject to legal analysis. Literature on the involvement of the Turkish judges in transnational judicial dialogue is also almost non-existent. As far as the existing Turkish literature is concerned, much of the contemporary writing on the subject tends to focus on the hierarchical position of international agreements in the Turkish legal order. This paper intends to fill an important gap in the scholarship by providing an analysis of the decisions of the Turkish Constitutional Court (TCC) and by illuminating the TCC’s role as implementers or non-implementers of international law, and the scope of their participation in transnational judicial dialogue. Relevant sub-questions concern the extent to which the stance of the TCC’s judges may or may not alleviate concerns of the international community on the rule of law in Turkey, and whether their engagement in international law is substantial enough to limit and moderate the excesses of different political forces, including those in power, engaged in the domestic power struggle.

In: The Italian Yearbook of International Law Online
Volume XXVI of the Italian Yearbook of International Law opens with a Focus on international law in regional and domestic legal systems, edited in cooperation with the Interest Group on “International Law in Domestic Legal Orders” of the Italian Society of International and European Union Law (SIDI). The volume further contains articles on the controversy over Istria’s cultural heritage, on the role played by human rights courts in countering abuses of power, and on the need to adopt a new regulatory approach to environmental law, as well as timely contributions on the judgment by the ECtHR’s Grand Chamber in Khlaifia v. Italy, on the Security Council’s reaction to the nuclear tests conducted by the Democratic People’s Republic of Korea, and on the Iraq (Chilcot) Inquiry Report. As in every volume the following sections, each containing a wealth of new information, are added: ‘Practice of International Courts and Tribunals’ and ‘Italian Practice Relating to International Law’.
The remaining part of the Volume contains a bibliographical index of Italian contributions to international law scholarship published in 2016, a book review section, and an analytical index for easy consultation and reference to materials cited in the Yearbook.

Published with the contributions of ENI and Tenaris.
Author: Krassimir Kanev

Party v. Turkey On 16 January 1998 the Turkish Constitutional Court dissolved the Refah (Welfare) Party. The ban followed the dissolution in April 1997 of the coalition government, led by Mr. Necmettin Erbakan, chairman of the Refah Party, under pressure from the military. The official reason which the

In: Helsinki Monitor

society-centered discourse. Cizre successfully addresses the paradoxical relationship between the Turkish society and military. Ergun Özbudun, in his second article in this volume titled “The Turkish Constitutional Court and Political Crisis,” points out in detail the undemocratic, statist, and

In: Sociology of Islam

applicants, Sevket Kazan and Ahmet Tekdal, are politicians and lawyers and were at the material time Members of Parliament and Vice-Chairmen of the RP . 612 12 hrcd [ 2001 ] On 21 May 1997 the Principal State Counsel at the Court of Cassation brought proceedings in the Turkish Constitutional Court

In: Human Rights Case Digest

Yazar was its chairman, Ahmet Karatas its vice-chair- man and Ibrahim Aksoy its secretary general. All three are Turkish nationals who live in Ankara.    [  ] On  July  Principal State Counsel at the Court of Cassation asked the Turkish Constitutional Court to dissolve the HEP on

In: Human Rights Case Digest
Author: John O. Voll

of the decision of the European Court of Human Rights in 2003 to affirm the Turkish Constitutional Court’s decision to dissolve the Refah Party, which was charged with being a religious party and thereby violating the Turkish Constitution. Christoffersen argues that the distinctions between sacred and

In: Islamic Law and Society

against the Turkish Constitutional Court’s loose practice of dissolving non-Kemalist parties. The European institutions appear to have accepted the idea that a different management of religious diversity would only be inconsistent with the Kemalist notion of democracy, but not necessarily with the

In: Religion & Human Rights
Author: Olgun Akbulut

been dissolved by the Turkish Constitutional Court (TCC) on the grounds of one or more provisions of the above-mentioned LPP. 4 Yet the pattern of dissolution of political parties is not limited to the minority political parties. The TCC dissolved the Welfare Party and the Virtue Party on the basis

In: International Journal on Minority and Group Rights
Author: Annie van Wezel

national security. Also, despite a ruling by the Turkish Constitutional Court against it, a government Decree with power of law, khk No. 678, allows the Council of Ministers to postpone a strike in banking institutions and municipal transport for sixty days. The cfa in Case No. 3021 requested the

In: International Labor Rights Case Law