Browsing by Author "Özbudun, E."
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Item Open Access Changes and continuities in the Turkish party system(Routledge, 2006) Özbudun, E.The article deals with the changes and continuities in the Turkish party system especially in the light of the 2002 parliamentary elections. It is argued that the victorious AKP (Justice and Development Party) is not a simple continuation of previous Islamist parties, but a new political force with a broad appeal to the former centre-right, centre, nationalist, as well as a portion of Islamist voters. The article also discusses the meanings of the terms left and right in Turkish politicsItem Open Access Constitutional debates on parliamentary inviolability in Turkey(Cambridge University Press, 2005-06) Özbudun, E.Differences between parliamentary inviolability and parliamentary non-liability. Parliamentary inviolability in the Turkish constitution. Also for ministers. Scope and duration. Lifting of inviolability by the Grand National Assembly. Possibility of judicial review. Constitutional amendments to limit inviolability in the combat against corruption rejected.Item Open Access Democratic opening, the legal status of non-muslim religious communities and the Venice Commission(Siyaset Ekonomi ve Toplum Arastirmalari Vakfi, 2010) Özbudun, E.This article deals with a recent opinion adopted by the Venice Commission at its meeting onMarch 12-13 concerning the legal status of non-Muslim religious communities in Turkey and the right of the Orthodox Patriarchate of Istanbul to use the title "ecumenical." On the first issue the Commission points out the difficulties that arise from the lack of legal personality for such communities, especially in matters related to access to courts and property ownership. The Commission urges Turkish authorities to attend to this problem by choosing from the many models of legal personality for religious groups practiced in European countries. On the second point, the Commission observes that the title ecumenical is a spiritual and ecclesiastical matter, and not a legal one. It concludes that unless Turkish authorities actively interfere with the use of such title by the Patriarchate, the simple refusal of the use of this title by Turkish authorities does not amount to a breach of the European Convention on Human Rights.Item Open Access From political Islam to conservative democracy: the case of the Justice and Development Party in Turkey(Routledge, 2006-12) Özbudun, E.If one of the most interesting characteristics of the Turkish party system in the 1990s was the rapid rise of political Islam under the banner of the Welfare Party, an equally, perhaps even more, noteworthy development in the early 2000s is its transformation under the Justice and Development Party (AKP) leadership into a moderate conservative democratic party. Various aspects of this transformation are the central focus of this work. The AKP is compared with the earlier Islamist parties in terms of ideology, organization, competitive strategy, and government performance.Item Open Access Judicial review of constitutional amendments in Turkey(Kluwer Law International, 2009) Özbudun, E.Item Open Access Party prohibition cases: Different approaches by the Turkish constitutional court and the European Court of Human Rights(2010) Özbudun, E.The article deals with the different approaches followed by the Turkish Constitutional Court and the European Court of Human Rights (ECtHR) in party prohibition cases. The Turkish Constitution and even more so the Law on Political Parties contain a long list of party bans, the violation of which leads to the closure of the party by the Constitutional Court. The Turkish Constitutional Court, both under the 1961 and the 1982 Constitutions, interpreted these provisions in an exceedingly illiberal manner, and has so far closed down a total of 24 political parties. Turkish rules and practices concerning the prohibition of political parties are among the most important 'democracy deficits' of the Turkish political system. In the article, the Turkish Court's illiberal approach to party prohibition cases, especially those involving the protection of the national and territorial integrity of the state and of the principle of secularism, is compared with the much more liberal criteria developed by the ECtHR and the Venice Commission.© 2010 Taylor & Francis.Item Open Access Political origins of the Turkish constitutional court and the problem of democratic legitimacy(Kluwer Law International, 2006) Özbudun, E.