Refine your search

Search result: 3893 articles

x
Article

A View on the Future of Judicial Review of Constitutional Amendments in Turkey

An Invitation to Judicial Dialogue

Journal European Journal of Law Reform, Issue 3 2019
Keywords basic structure doctrine, Constitutional Court of Turkey, constitutional identity, judicial dialogue, immunity amendment, unconstitutional constitutional amendments
Authors Ali Acar
AbstractAuthor's information

    In this article, I discuss and analyse the Turkish case concerning judicial review of constitutional amendments in light of a recent decision by the Constitutional Court of Turkey (CCT). In the said decision, the CCT rejected carrying out judicial review over a controversial constitutional amendment, which lifted MPs’ parliamentary immunity. This decision urges to consider its implications for the possible future cases. I refer to comparative constitutional law with the hope to shed more light on the Turkish example and grasp it comprehensively. In this respect, I illustrate the most crucial arguments developed by the Supreme Court of India (SCI), the Bundesverfassungsgericht (BVG), and the Conseil Constitutionnel (FCC) in their case law. Based on the comparative account, I draw some lessons for the CCT and invite it to get into a judicial dialogue with other supreme/constitutional courts with regard to the issue.


Ali Acar
Cankaya University Faculty of Law and visiting researcher at Osgoode Hall Law School. I thank Richard Albert, Vicente F. Benítez-Rojas, and Mehmet Turhan for their comments and critiques, which were insightful to develop the ideas in this article.
Article

Judicial Review of Constitutional Amendments in Turkey

The Question of Unamendability

Journal European Journal of Law Reform, Issue 3 2019
Keywords judicial review of constitutional amendments, constitutional unamendability, judicial activism, competitive authoritarianism, abusive constitutionalism
Authors Ergun Özbudun
AbstractAuthor's information

    This article deals with the judicial review of constitutional amendments, which has been a hotly debated constitutional and political issue in Turkey, particularly with regard to the unamendable provisions of the constitution. Since its creation by the Constitution of 1961, the Turkish Constitutional Court has followed a markedly activist and tutelarist approach regarding this issue and annulled several constitutional amendments arguing that they violated the unamendable provisions of the Constitution. Recently, however, the Court adopted a self-restraining approach. This shift can be explained as part of the political regime’s drift towards competitive authoritarianism and the governing party’s (AKP) capturing almost total control over the entire judiciary.


Ergun Özbudun
Ergun Özbudun is Professor of Constitutional Law at İstanbul Şehir University. This is an enlarged and updated version of my article ‘Judicial Review of Constitutional Amendments in Turkey’, European Public Law, Vol. 15, No. 4, 2009, pp. 533-538.
Article

Transitional Constitutional Unamendability?

Journal European Journal of Law Reform, Issue 3 2019
Keywords transitional constitutionalism, constitutional unamendability, decline of constitutional democracy, constitution-making in Hungary, the Hungarian Constitutional Court
Authors Gábor Halmai
AbstractAuthor's information

    This article discusses the pros and cons for a suggestion to use unamendable provisions in transitional constitutions to protect the integrity and identity of constitutions drafted after a democratic transition. The presumption for such a suggestion could be that most democratic constitution-making processes are elite-driven exercises in countries with no or very little constitutional culture. The article tries to answer the question, whether in such situations unamendable constitutional provisions can help to entrench basic principles and values of constitutionalism with the help of constitutional courts reviewing amendments aimed at violating the core of constitutionalism. The article investigates the experiences of some backsliding constitutional democracies, especially Hungary, and raises the question, whether unamendable constitutional provision could have prevented the decline of constitutionalism.
    In order to discuss the issue of transitional unamendability, the article engages in the scholarly discussion on transitional constitutionalism in general, and deals with the relationship of constitutional law and constitutional culture. Another side topic of the article is whether such transitional unamendability provisions should also contain international or transnational values and principles, and what happens if those are not in conformity with the unamendable provisions that serve to build up a national constitutional identity. Again, the example of Hungary can be important here, how national constitutional identity protected by the Constitutional Court can serve to abandon the European constitutional whole.


Gábor Halmai
Gábor Halmai is Professor and Chair of Comparative Constitutional Law, European University Institute, Florence; email: gabor.halmai@eui.eu.
Article

Access_open Constitutional Norms for All Time?

General Entrenchment Clauses in the History of European Constitutionalism

Journal European Journal of Law Reform, Issue 3 2019
Keywords constitutional amendments, constitutional law, constitutional politics, constitutionalism, entrenchment clauses, eternity clauses
Authors Michael Hein
AbstractAuthor's information

    ‘General entrenchment clauses’ are constitutional provisions that make amendments to certain parts of a constitution either more difficult to achieve than ‘normal’ amendments or even impossible, i.e., legally inadmissible. This article examines the origins of these clauses during the American Revolution (1776-77), their migration to the ‘Old World’, and their dissemination and differentiation on the European continent from 1776 until the end of 2015. In particular, the article answers three questions: (1) When, and in which contexts, did general constitutional entrenchment clauses emerge? (2) How have they migrated to and disseminated in Europe? (3) Which constitutional subjects do such clauses protect, and thus, which main functions do they aim to fulfil?


Michael Hein
Adult Education Center Altenburger Land, Altenburg, Germany. Email: mail@michaelhein.de. All cited websites were visited on June 18, 2018. Unless stated otherwise, all references to constitutions in this article are taken from M. Hein, The Constitutional Entrenchment Clauses Dataset, Göttingen 2018, http://data.michaelhein.de. All translations are by the author.

Tim Chapman
Tim Chapman is a Visiting Lecturer in Restorative Practice, Ulster University, Belfast, United Kingdom.

Martin Wright
Martin Wright is a member of the Editorial Committee of the European Forum for Restorative Justice Newsletter and is based in the United Kingdom.

Christa Pelikan
Christa Pelikan (PhD) is Senior Researcher at the Institute for the Sociology of Law and Criminology (IRKS), Vienna, Austria.

Albert Dzur
Albert Dzur is Distinguished Research Professor, Departments of Political Science and Philosophy, Bowling Green State University, USA.

Otmar Hagemann
Otmar Hagemann is professor of social work at Kiel University of Applied Sciences, Kiel, Germany.

Rudina Jasini
Rudina Jasini is an Economic Social Research Fellow, Faculty of Law, University of Oxford, Oxford, United Kingdom.
Article

Teaching restorative practices through games: an experiential and relational restorative pedagogy

Journal The International Journal of Restorative Justice, Issue 1 2019
Keywords restorative pedagogy, games, teaching, experiential learning
Authors Lindsey Pointer and Kathleen McGoey
AbstractAuthor's information

    This article argues for the use of games as an effective and dynamic way to teach restorative practices. Grounded in an understanding of restorative pedagogy, a paradigm of teaching in alignment with restorative values and principles, as well as experiential learning strategies, this article introduces games as a way for students to experience and more deeply understand restorative practices while building relationships and skills. Personal accounts of the authors about the impact of using games to teach restorative practices in their own communities are also included.


Lindsey Pointer
Lindsey Pointer is a PhD Candidate at Victoria University of Wellington and Creative Director of Aspen Restorative Consulting in Wellington, New Zealand.

Kathleen McGoey
Kathleen McGoey is the Executive Director of Longmont Community Justice Partnership, Longmont, USA.

Belinda Hopkins
Belinda Hopkins is the Director of Transforming Conflict – National Centre for Restorative Approaches in Youth and Community Settings, Mortimer, United Kingdom.
Article

Restorative justice capacities in Middle Eastern culture and society: towards a hybrid model of juvenile justice in Palestine

Journal The International Journal of Restorative Justice, Issue 1 2019
Keywords Hybrid model, restorative justice, non-state justice, Palestine, Middle East
Authors Mutaz Qafisheh and Ali Wardak
AbstractAuthor's information

    Alongside the state juvenile justice system, various forms of non-state justice providers are strongly prevalent in Palestine. Although the state juvenile justice has evolved into a modern system, it lacks adequate human, professional and infrastructural capacities to provide effective justice to all children. This field research has identified key non-state justice providers in Palestine and reveals that they are more accessible and speedy and also place more emphasis on peacemaking and reconciliation than the state justice system. It also reveals that in the processes of justice dispensation, occasional violation of children’s rights takes place within some of the male-dominated non-state justice providers. In order to minimise rights violation, while capitalising on the restorative capacities of non-state justice providers, a ‘hybrid model of juvenile justice in Palestine’ has been developed and is proposed. It is argued in this article that the ‘hybrid model’ not only promises to provide a coherent framework of links between Palestinian state juvenile justice and non-state justice providers, but also has the capacity to minimise rights violation through proposed internal and external oversight mechanisms. It is further maintained that translating the hybrid model into practice may result in the provision of more accessible, inclusive and restorative juvenile justice to all children in Palestine.


Mutaz Qafisheh
Mutaz Qafisheh is Dean and Associate Professor of International Law, College of Law and Political Science, Hebron University, Hebron, Palestine.

Ali Wardak
Ali Wardak is Professor of Criminology, University of South Wales, Pontypridd, United Kingdom.

Antony Pemberton
Antony Pemberton is Full Professor of Victimology and Director of the International Victimology Institute (INTERVICT), Tilburg University, Tilburg, The Netherlands.

Annemieke Wolthuis
Annemieke Wolthuis (PhD) is an independent researcher, trainer and mediator in the field of human rights, children’s rights and restorative justice.

Jacques Claessen
Jacques Claessen (PhD) is an Associate Professor of Criminal Law and Criminal Procedure at the Department of Criminal Law and Criminology of the Faculty of Law at Maastricht University.

Gert Jan Slump
Gert Jan Slump (MA) is an independent criminologist, restorative justice consultant and social entrepreneur.

Anneke van Hoek
Anneke van Hoek (MA) is an independent criminologist.
Article

The attitudes of prisoners towards participation in restorative justice procedures

Journal The International Journal of Restorative Justice, Issue 1 2019
Keywords Restorative justice, prisons, incarceration, punishment
Authors Inbal Peleg-Koriat and Dana Weimann-Saks
AbstractAuthor's information

    Restorative justice can be implemented at different stages of criminal proceedings. In Israel, restorative justice processes are mainly used prior to sentencing, while there are no restorative programmes for adults following sentencing and while serving their prison sentences. The aim of the present study is to examine the possibility of implementing restorative processes within prison walls. To this end, the present study empirically investigates the level of readiness and willingness of prisoners (n = 110) from two large prisons in Israel to participate in restorative processes and examines the psychological mechanisms underlying their attitudes towards actual participation in these processes. The study proposes a model according to which the relationship between the cognitive component of attitude towards victims and the harm caused by the offence (beliefs and thoughts) and the behavioural component of attitude (the inclination to participate in restorative processes) is mediated by the affective component of attitude towards the offence (sense of guilt and shame). The findings of the study support the proposed model. The study also found that the more prisoners perceived the harm they caused as having more dimensions (physical, economic, emotional), the more positive their attitudes towards restorative justice would be. This study will advance research into restorative justice at a stage that has not previously been researched in Israel and has rarely been investigated elsewhere.


Inbal Peleg-Koriat
Inbal Peleg-Koriat, PhD, is a lawyer and conflict management and negotiation specialist, and a faculty member at the Yezreel Valley Academic College, Israel.

Dana Weimann-Saks
Dana Weimann-Saks, PhD, is a lawyer and a social psychologist, and also a faculty member at the Yezreel Valley Academic College.
Article

Exploring the intertwining between human rights and restorative justice in private cross-border disputes

Journal The International Journal of Restorative Justice, Issue 1 2019
Keywords International human rights, private actors, horizontal effect, restorative justice
Authors Marta Sá Rebelo
AbstractAuthor's information

    International human rights instruments operate on the assumption that states are the focal human rights duty bearers. However, private actors can harm human rights as well. Moreover, since mechanisms at a supranational level are lacking, these instruments rely primarily on states for their enforcement. Yet states’ internal rules and courts are meant to address infringements that are confined within their borders, and are therefore often structurally unable to deal with violations having transnational impact. Restorative justice has proven to respond in depth to different kinds of wrongdoing and, although addressing the peculiarities of each case, restorative procedures can systemically prevent deviant behaviour as well. Additionally, as restorative justice relies on voluntary participation it need not operate in a specific territory. Having this broader picture in mind, the article explores whether restorative justice might be adequate for dealing with human rights infringements perpetrated by private actors that have cross-border impact.


Marta Sá Rebelo
Marta Sá Rebelo is a PhD researcher at Católica Global School of Law and a teaching assistant at Católica Lisbon School of Law, Universidade Católica Portuguesa, Lisbon, Portugal.
Article

Consensus Democracy and Bureaucracy in the Low Countries

Journal Politics of the Low Countries, Issue 1 2019
Keywords consensus democracy, bureaucracy, governance system, Lijphart, policymaking
Authors Frits van der Meer, Caspar van den Berg, Charlotte van Dijck e.a.
AbstractAuthor's information

    Taking Lijphart’s work on consensus democracies as our point of departure, we signal a major shortcoming in Lijphart’s focus being almost exclusively on the political hardware of the state structure, leaving little attention for the administrative and bureaucratic characteristics of governance systems. We propose to expand the Lijphart’s model which overviews structural aspects of the executive and the state with seven additional features of the bureaucratic system. We argue that these features are critical for understanding the processes of policymaking and service delivery. Next, in order to better understand the functioning of the Netherlands and Belgium as consensus democracies, we provide a short analysis of the historical context and current characteristics of the political-administrative systems in both countries.


Frits van der Meer
Frits van der Meer, Professor Institute Public Administration, Leiden University.

Caspar van den Berg
Caspar van den Berg, Campus Fryslân, University of Groningen.

Charlotte van Dijck
Charlotte van Dijck, PhD Fellow Research Foundation Flanders (FWO), KU Leuven Public Governance Institute.

Gerrit Dijkstra
Gerrit Dijkstra, Senior Lecturer, Leiden University.

Trui Steen
Trui Steen, Professor, KU Leuven Public Governance Institute.
Literature review

Consensualism, Democratic Satisfaction, Political Trust and the Winner-Loser Gap

State of the Art of Two Decades of Research

Journal Politics of the Low Countries, Issue 1 2019
Keywords consensualism, majoritarianism, political trust, satisfaction with democracy, Lijphart
Authors Tom van der Meer and Anna Kern
AbstractAuthor's information

    Lijphart (1999) argued that citizens tend to be more satisfied with democracy in consensual democracies than in majoritarian democracies and that the gap in democratic satisfaction between the winners and the losers of elections is smaller under consensualism. Twenty years on since then, this article takes stock of the literature on consensualism and political support. We find considerable ambiguity in the theoretical arguments and empirical evidence provided in this literature. Finally, we speculate on possible reasons for this ambiguity.


Tom van der Meer
Tom van der Meer, University of Amsterdam.

Anna Kern
Anna Kern, Ghent University.
Article

Access_open Do Characteristics of Consociational Democracies Still Apply to Belgian Parties?

Journal Politics of the Low Countries, Issue 1 2019
Keywords Belgium, political parties, party membership, political participation, political representation
Authors Emilie Van Haute and Bram Wauters
AbstractAuthor's information

    Belgium has long been described as a typical case of a consociational or consensus democracy. This article aims at identifying whether political parties in Belgium share the internal characteristics of parties in consensus democracies: passive mass memberships, the importance of purposive and material incentives for joining, and representation of a clear subculture in the social and attitudinal profiles of their members and via overlapping memberships with related organizations. We mobilize longitudinal party membership data and party member surveys conducted in three different time periods. We show that pillar parties still exercise their role of mobilization and representation of societal segments, but these segments tend to become smaller over time. New parties offer alternative options of mobilization and representation, although not always in line with the specific institutional arrangements of consociational democracy.


Emilie Van Haute
Emilie Van Haute, Cevipol, Université libre de Bruxelles.

Bram Wauters
Bram Wauters, Research Group GASPAR, Ghent University.
Showing 141 - 160 of 3893 results
1 2 3 4 5 6 8 10 11 12 49 50
You can search full text for articles by entering your search term in the search field. If you click the search button the search results will be shown on a fresh page where the search results can be narrowed down by category or year.