Papers
Bookmarks Related papers MentionsView impact
Bookmarks Related papers MentionsView impact
German Law Journal
This article traces the evolution of judicial self-government practices (JSG) in Turkey and argue... more This article traces the evolution of judicial self-government practices (JSG) in Turkey and argues that the frequent changes in JSG are part of a broader trajectory of experimental constitutional politics. The Council for Judges and Prosecutors has experienced sharp turns since its establishment in 1961, respectively in 1971, 1982, 2010, 2014 and 2017. During this period, Turkey experienced different forms of judicial councils ranging from co-option, hierarchical and executive controlled judicial council models to a more pluralistic model. The Justice Academy of Turkey has also not been immune from this experimentalism. The article discusses the endogenous relationship between these often short-lived experiments of JSG and their impacts on the independence, accountability, and legitimacy of the judiciary and public confidence in the judiciary. The article then turns to the repercussions of JSG on separation of powers and democratic principle. It focuses on the implications of the am...
Bookmarks Related papers MentionsView impact
This report, part of the larger research project on the “Domestic Impact of the UN Human Rights T... more This report, part of the larger research project on the “Domestic Impact of the UN Human Rights Treaty System” led by Prof. Christof Heyns and Prof. Frans Viljoen of the Centre for Human Rights at the University of Pretoria in collaboration with the United Nations Office of the High Commissioner for Human Rights, investigates the domestic impact of UN human rights treaty in Turkey between 1999 and 2020. It does so by reviewing state reports and shadow reports submitted to the UN, concluding observations, follow-up letters by UN treaty bodies, as well as domestic law incorporating the UN treaties, parliamentary proceedings concerning the UN human rights treaties and citations of UN human rights treaties by domestic court decisions. These document reviews are supported by 20 interviews carried out with representatives of state organs, members of civil society and academics.
Bookmarks Related papers MentionsView impact
Bu rapor, Pretoria Üniversitesi İnsan Hakları Merkezi bünyesinde Prof. Christof Heyns ve Prof. Fr... more Bu rapor, Pretoria Üniversitesi İnsan Hakları Merkezi bünyesinde Prof. Christof Heyns ve Prof. Frans Viljoen tarafından, Birleşmiş Milletler İnsan Hakları Yüksek Komiserliği ile iş birliği halinde yürütülen “Birleşmiş Milletler İnsan Hakları Sözleşmelerinin Yerel Etkisi” konulu projenin bir parçası olarak BM insan hakları sözleşmelerinin 1999 – 2020 yılları arasında Türkiye’deki etkilerini araştırmaktadır. Bu amaçla araştırma, BM’ye sunulan devlet raporları ve sivil toplum raporlarını, BM sözleşme organlarının sonuç gözlemlerini, BM sözleşmelerini iç hukuka aktaran ulusal mevzuatı, BM sözleşmeleri ile ilgili yasama faaliyetlerini ve ulusal mahkemelerin BM sözleşmelerine yaptıkları atıfları incelemiş ve resmî kurumların temsilcileri, sivil toplum üyeleri ve akademisyenlerle 20 mülakat gerçekleştirmiştir.
Bookmarks Related papers MentionsView impact
This blog post surveys the key findings of our Reader of Top Fifty Cases on the effects of intern... more This blog post surveys the key findings of our Reader of Top Fifty Cases on the effects of international human rights law (IHRL) on international investment law (IIL).
Bookmarks Related papers MentionsView impact
Bookmarks Related papers MentionsView impact
Bookmarks Related papers MentionsView impact
The European Court of Human Rights (ECtHR) and the United Nations Human Rights Committee (HRC) ha... more The European Court of Human Rights (ECtHR) and the United Nations Human Rights Committee (HRC) have been the main judicial fora for complaints by families who continue to have no information about the whereabouts and fate of their loved ones. In a four-year period, from September 2011 to November 2015, 19 decisions were issued in these cases: nine by the ECtHR and ten by the HRC. Despite the similarities in the facts and claims presented in relation to the victims, the determinations reached by the ECtHR and HRC in these cases differ. This post explores the underlying reasons for the difference in approaches and determinations reached by the ECtHR and the HRC in these cases.
Bookmarks Related papers MentionsView impact
Peer-Reviewed Journal Articles
German Law Journal, 2018
This article traces the evolution of judicial self-government practices (JSG) in Turkey and argue... more This article traces the evolution of judicial self-government practices (JSG) in Turkey and argues that the frequent changes in JSG are part of a broader trajectory of experimental constitutional politics. The Council for Judges and Prosecutors has experienced sharp turns since its establishment in 1961, respectively in 1971, 1982, 2010, 2014 and 2017. During this period, Turkey experienced different forms of judicial councils ranging from co-option, hierarchical and executive controlled judicial council models to a more pluralistic model. The Justice Academy of Turkey has also not been immune from this experimentalism. The article discusses the endogenous relationship between these often short-lived experiments of JSG and their impacts on the independence, accountability, and legitimacy of the
judiciary and public confidence in the judiciary. The article then turns to the repercussions of JSG on separation of powers and democratic principle. It focuses on the implications of the ambiguous position of the Council in the state structure for the separation of powers, and the revived debate on democratic legitimacy of JSG after the 2017 constitutional amendments.
Bookmarks Related papers MentionsView impact
Uploads
Papers
Peer-Reviewed Journal Articles
judiciary and public confidence in the judiciary. The article then turns to the repercussions of JSG on separation of powers and democratic principle. It focuses on the implications of the ambiguous position of the Council in the state structure for the separation of powers, and the revived debate on democratic legitimacy of JSG after the 2017 constitutional amendments.
judiciary and public confidence in the judiciary. The article then turns to the repercussions of JSG on separation of powers and democratic principle. It focuses on the implications of the ambiguous position of the Council in the state structure for the separation of powers, and the revived debate on democratic legitimacy of JSG after the 2017 constitutional amendments.