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Turski ustavnosudski conundrum i zabrana političkih stranaka: dileme ustavne reforme 2010. godine.
- Source :
-
Pravnik, Law & Society Review . 2012, Vol. 46 Issue 92, p37-57. 21p. - Publication Year :
- 2012
-
Abstract
- In this paper issues of a colossal significance for the constitutional order, democratisation process, liberalisation and the pluralistic political party system in the Republic of Turkey are considered. In the first part, the author analyses the institutional framework for political parties ban by the Constitutional Court of the Republic of Turkey. His analysis continues with a detailed review of the Constitutional Court case law in important cases most of which had their epilogue before the European Court of Human Rights. Thus, the cases are mentioned of the United Communist Party of Turkey (TBKP), the Socialist Party (SP), the Freedom and Democracy Party (ÖZDEP), the Welfare Party (Refah Partisi), the Justice and Development Party (AKP). Further on, the constitutional changes of 2010 and their implications on the specific structure and the protective role of the Constitutional Court, as well as parties' freedom in Turkey, are discussed critically. Finally, the author suggests solutions to the above mentioned issues, and concludes that, taking into ac- count partial and insufficient effects of multiple reforms of the largely restrictive Constitution of 1982, the time has come to adopt a completely new constitution, predominantly oriented towards strengthening of fundamental human rights and freedoms, especially those of a political nature, rule of law and democracy. [ABSTRACT FROM AUTHOR]
Details
- Language :
- Croatian
- ISSN :
- 0352342X
- Volume :
- 46
- Issue :
- 92
- Database :
- Academic Search Index
- Journal :
- Pravnik, Law & Society Review
- Publication Type :
- Academic Journal
- Accession number :
- 89593866