Chapter

Part 3 Institutional Control of Constitutionalism, 3.3 The Turkish Constitutional Court as Defender of the Raison d’Etat ?

Osman Can

in Constitutionalism in Islamic Countries: Between Upheaval and Continuity

Published in print February 2012 | ISBN: 9780199759880
Part 3 Institutional Control of Constitutionalism, 3.3 The Turkish Constitutional Court as Defender of the Raison d’Etat ?

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This chapter examines the power relations creating the Turkish Constitution and the constitutional court, the structure of this court, and judicial precedents it has set. It addresses questions such as: Is it sufficient to base the constitution simply on “power relations,” or if it is also necessary to ensure its democratic legitimacy? Will the constitution and the structure of Turkey's constitutional judiciary, with its special place in the Islamic world regarding societal pluralism and democratic culture, be able to provide a positive comparative law paradigm for countries trying to democratize?

Chapter.  20 pages.  11371 words. 

Subjects: Constitutional and Administrative Law ; Law

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