Browsing by Subject "Constitutional order"

Now showing 1 - 3 of 3

Open Access
Juridico-political and spatiotemporal conditions of exceptional security measures: the case of Türkiye between 1923 and 2019
(2024-06) Türkoğlu Payne, Burcu
This dissertation examines the state’s interference with the constitutional rights and liberties regime in the name of security in light of the practices in Türkiye between 1923 and 2019. It aims to explain what juridical and political aspects such measures of the state may have, explore the spatial and temporal dimensions of these security measures, and relate these dimensions to the juridico-political conditions of the security measures contradicting the norms concerning rights and liberties, which are constructed legally by states. It seeks to conceptualise exceptional security measures by examining the state as a whole with all its relevant institutions instead of examining a specific source of powers, such as the executive, the legislature, or the police. It shows that the exercisers of state power and the power to make the decision that interferes with rights and liberties vary depending on the time and the juridico-political context. It seeks to understand how and when state authorities act in contradiction to the norms concerning rights and liberties, the source of state authorities’ power to interfere with the rights and liberties regime, and what spatiotemporal aspects these practices have.
Open Access
Juridico-political conditions of exceptional security measures: Turkey (1971-2002)
(Routledge, 2024-05-21) Türkoğlu, Burcu
Contemporary literature on security measures interfering with the rights and liberties regime often relies on an exceptionalist approach grounded in the norm-exception dichotomy. This perspective oversimplifies the juridical conditions of exceptional security measures, where the law and politics coalesce, as the relationship between the norm and the exception is not necessarily dichotomous. Through an examination of Turkey's exceptional security measures from 1971 to 2002, this paper shows that the tension between political power and the law can unfold in diverse ways, even in countries where executive decision-making is constitutionally favoured, with norms and exceptions usually coexisting within the constitutional order. It argues that exceptional security measures are ingrained in state rule other than in the times of exception, challenging the limited explanatory power of the norm-exception dichotomy. Categorising every decision avoiding legal oversight as the Schmittian exception results in theoretically reductionist interpretations, overlooking the fact that such measures may have various juridico-political conditions. By analysing threat framing and the dispersion of political power, this study proposes a categorisation as to how norms and exceptions to the norms are created.
Open Access
The space of permanent and state-level exceptional security measures: formative years of Israel and Turkey
(Sage Publications Ltd., 2024-06-12) Türkoğlu, Burcu; Elitsoy, Z. Asli
Studies examining the spatial patterns of exceptional security measures focus on constructed spaces or national territories exposed to international military intervention. Contemporary literature defines these spaces as zones of lawlessness where the exception prevails. By examining the security policies in the historical homelands of the Palestinians in Israel and the Kurds in Turkey, this article shows how exceptional security and the law co-constitute each other. Through a comparative historical analysis of the formative years of the Israeli and Turkish states, we argue that permanent exceptional security measures in territories inhabited by minority citizens are relevant to the political context in which the constituent power frames the political characteristics of the nation. In the process, exceptional security measures coexisting with the law become instrumental in maintaining and reproducing the distinction between the ‘legitimate members’ of the nation and the ‘enemies’ of the nation/state. The coexistence of exceptional security measures with the legal system challenges the conventional understanding of the exception and its dichotomous relationship with the norm, as outlined by Schmitt and Agamben. Instead, the conceptual framework of ‘legal violence,’ as articulated by Benjamin, offers a more comprehensive perspective for understanding the early years of the Israeli and Turkish states.