Why Arab Spring made life better in Tunisia, failed everywhere else via Reuters

February 22, 2015 § Leave a comment

Earlier this month, Tunisia’s newly elected parliament cobbled together a coalition government led by a secular party that included its Islamist rivals, who had been democratically ousted from power. The new government, coming on the heels of a historic presidential election, a new constitution and the first democratic elections to be held during the Arab Spring, marks an astonishing democratic culmination in the birthplace of the movement. It has also proven hard to replicate.

How has Tunisia been able to move forward in its transition to democracy?

Rashid Ghannouchi

Rashid Ghannouchi

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Anayasa Yargısı Hakkında Yeni Kitaplar

August 15, 2014 § Leave a comment

Aşağıdaki iki kitabın Türkiye’de anayasa yargısının gitgide öne çıktığı/çıkacağı bu dönemde düşünen hukukçuların ilgisini çekeceğini tahmin ediyorum.

Tanıtımlarını ve biriyle ilgili değerlendirme yazısını sitelerinden aldığım haliyle aşağıya kopyalıyorum.


The language of balancing is pervasive in constitutional rights jurisprudence around the world. In this book, Jacco Bomhoff offers a comparative and historical account of the origins and meanings of this talismanic form of language, and of the legal discourse to which it is central. Contemporary discussion has tended to see the increasing use of balancing as the manifestation of a globalization of constitutional law. This book is the first to argue that ‘balancing’ has always meant radically different things in different settings. Bomhoff uses detailed case studies of early post-war US and German constitutional jurisprudence to show that the same unique language expresses both biting scepticism and profound faith in law and adjudication, and both deep pessimism and high aspirations for constitutional rights. An understanding of these radically different meanings is essential for any evaluation of the work of constitutional courts today.

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Cambridge Sixth Form Law Conference talk: The UK’s (unusual) constitution

March 20, 2014 § Leave a comment

Ingiliz Anayasa Hukuku’na kisa bir giris.

Public Law for Everyone

This post is aimed mainly at those who attended my recent talk at the Cambridge Sixth Form Law Conference on “The UK’s (unusual) constitution”. The talk’s point of departure was Lord Neuberger’s recent (and surprising) suggestion that the UK has no constitution. I argued that this goes too far, but that the UK’s constitution is certainly unusual . Using the status of human rights generally, and the prisoner-voting case as a particular example, I explained that the UK’s constitution is unusual both because it is “unwritten” (in the sense that there is no single text that we regard as “The Constitution”) and “flat” (in the sense that the status of constitutional law is not hierarchically-superior to other, regular law). I went on to explain, however, that to approach such matters only through the domestic legal prism of parliamentary sovereignty may be misleading, and that other considerations – including the…

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Constitutionalism after the Arab Spring

February 24, 2014 § Leave a comment

Arap Devrimleri Sonrasi Anayasacilik

The Constitution Unit Blog

Under Morocco’s 2011 Constitution, Morocco’s Council of Government is selected by the Prime Minister, the leader of the largest party in the legislature. They serve as the cabinet, meeting to deliberate upon policy and establish governmental direction. So far, so Parliamentary. However, when issues of security or strategic policy are to be decided, the King appears at these cabinet meetings, with his attendance transforming a mere ‘Council of Government’ into a grand ‘Council of Ministers’. Yet because the King’s word cannot be disputed in such deliberations, he determines policy. Further, in the absence of a clear constitutional definition of strategic policy, the King can decide the decisions which fall within this remit. So the King is limited only to interventions in specific policy areas, yet he is also the authority who specifies.
 
This is a peculiar monarchy in which the King is neither absolute nor constitutional, no longer ‘sacred’…

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Otoriter Rejimlerde Anayasa

January 31, 2014 § Leave a comment

Tom Ginsburg, Alberto Simpser’le birlikte otoriter rejimlerde anayasalari inceleyen bir edisyon kitap yayinladi, asagidaki linkte icindekiler bolumunu bulabilirsiniz.

http://assets.cambridge.org/97811070/47662/toc/9781107047662_toc.pdf

Tunus’ta Yeni Anayasa

January 31, 2014 § Leave a comment

Tunus, Arap devrimleri sonrasi belki de tek basarili anayasa yapim surecini tamamladi. Tunus Anayasasi’nin uzerinde belki daha sonra biraz durulabilir zira hem Gannusi’nin rolu hem de  Tunus’un anayasacilik tarihi dikkate deger. Simdilik sadece BBC ve NYT’in linklerini paylasayim.

http://www.bbc.co.uk/news/world-africa-25908340

http://www.nytimes.com/2014/01/15/world/africa/tunisian-constitution-praised-for-balance-nears-passage.html

Misir’da Sekulerizm Tartismalari

January 31, 2014 § Leave a comment

Linkte Misir’da yirminci yuzyildaki Islam ve sekulerizm tartismalari hakkinda bir yazi var.

http://www.spittoon.org/archives/5906