Turkish Secularism
Springer International Publishing (Verlag)
978-3-031-46010-4 (ISBN)
Secularism is a common fundamental principle of all three Turkish constitutions (1924, 1961, 1982). The principle has been granted an irrevocable status and has been strictly constructed within the Turkish constitutional system. Despite the guarantee of irrevocability, however, its interpretation and application have undergone a drastic transformation in response to changing social and political circumstances.
Today, the complaints filed before the domestic and international judiciary predominantly concern the Turkish State's neutrality and impartiality towards religion and the exercise of freedom of religion by religious minorities. While many observers have interpreted these problems in light of the contemporary policies pursued in the field of religion, a closer look reveals that the problem lies deeper in Turkey's general constitutional framework. While the 1982 Constitution declares the principle as an unamendable characteristic of the Republic and protects it with multi-layered mechanisms, certain anti-democratic features of the Constitution, including the President's predominant role in forming the high-ranking judiciary, affect the proper and consistent application of the principle of secularism.
The consolidation of the secular state order depends on various factors other than a suitable constitution. However, it goes without saying that constitutions can help or hinder efforts to find solutions. Therefore, this book identifies the deficiencies in the Turkish constitutional and legal framework regarding the protection of secularism. It presents the historical development and definition of a secular state, analyzes the jurisprudence of the Turkish Constitutional Court and the European Court of Human Rights, studies the application of the party prohibition mechanism as a means of protecting the principle, and assesses the constitutional amendments of 2001, 2010 and 2017. Moreover, it proposes much-needed constitutional and legal amendments with a view to improving the application of the principle of secularism.
lt;b>Dr. Tarlan Masmaliyeva accomplished her Bachelor of Law studies at the Law Faculty of Baku State University in Baku, Azerbaijan (2009). She acquired her LL.M. degree in European Law from the Europa-Institut of Saarland University (2014) and her Doctor of Law degree from the Law Faculty of Saarland University in Saarbrücken, Germany (2023).
Introduction.- The Historical Development and Definition of a Secular State.- The Constitutional Development and Regulation of Turkish Secularism.- The TCC's Approach to Secularism in Freedom of Religion Cases.- Protection of Secularism within the Framework of the Political Party Regime.- The Impact of the 2017 Constitutional Amendments on the Protection of Secularism.- The ECtHR and Turkish Secularism.- Conclusion.
Erscheinungsdatum | 16.12.2023 |
---|---|
Reihe/Serie | European Union and its Neighbours in a Globalized World |
Zusatzinfo | XI, 267 p. |
Verlagsort | Cham |
Sprache | englisch |
Maße | 155 x 235 mm |
Gewicht | 577 g |
Themenwelt | Recht / Steuern ► EU / Internationales Recht |
Recht / Steuern ► Öffentliches Recht ► Völkerrecht | |
Sozialwissenschaften ► Politik / Verwaltung | |
Schlagworte | ECtHR • Freedom of Religion and Conscience • Freedom of Religion and Secularism • Party Prohibition • Secular state • separation of church and state • State-Religion Relationships • State's Duty of Neutrality • State’s Duty of Neutrality • Turkish Secularism |
ISBN-10 | 3-031-46010-3 / 3031460103 |
ISBN-13 | 978-3-031-46010-4 / 9783031460104 |
Zustand | Neuware |
Haben Sie eine Frage zum Produkt? |
aus dem Bereich