The Democratic Legitimacy of Strong Constitutional Entrenchment : The Cases of Turkey and India
@inproceedings{Vinx2014TheDL, title={The Democratic Legitimacy of Strong Constitutional Entrenchment : The Cases of Turkey and India}, author={Lars Vinx}, year={2014} }
Judicial review and constitutional entrenchment are often held to be illegitimate from the point of view of democratic theory (Waldron 2006; Bellamy 2007). This worry, it would appear, must intensify where judicial review is practised on the basis of strong constitutional entrenchment, i.e. by appeal to constitutional provisions that are altogether shielded from amendment. If it is democratically illegitimate for a court to strike down laws enacted by an ordinary parliamentary majority, by…
References
SHOWING 1-10 OF 98 REFERENCES
Political Constitutionalism: A Republican Defence of the Constitutionality of Democracy
- Political Science, Law
- 2007
© Richard Bellamy and Cambridge University Press, 2007. Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and…
Democratic constitution-making and unfreezing the Turkish process
- Law, Political Science
- 2010
This short article will seek to explore the causes, and possible solutions, of what seems to be the current freezing of the Turkish constitution-making process that has had some dramatic successes in…
The Constitutional Reform Proposal of the Turkish Government: The Return of Majority Imposition
- Political Science
- 2010
The package of constitutional reforms just recently offered to the Grand National Assembly1 by the Turkish government seems highly attractive in many respects. It is the whole that should be rejected…
The fuzzy boundaries of (UN)constitutionality: Two tales of political jurisprudence
- Law
- 2012
Having studied comparative constitutional law for over fifteen years, one of the things that becomes strikingly apparent are attempts by courts to portray obvious political rulings as stemming from…
Turkey's Search for a New Constitution
- Political Science
- 2012
* Professor, Faculty of Law, Bilkent University, ozbudun@bilkent.edu.tr The article analyzes the historical roots and the current nature of the constitutional crisis in Turkey. The Constitution of…
DISSOLUTION OF POLITICAL PARTIES BY THE CONSTITUTIONAL COURT IN TURKEY: AN EVERLASTING CONFLICT BETWEEN THE COURT AND THE PARLIAMENT?
- Law, History
- 2011
Dissolution of political parties in by the Constitutional Court in Turkey has been an ordinary reaction of the system, or of status quo so far. The frequent application of this power of the…
Conflicting Paradigms: Political Rights in the Turkish Constitutional Court
- Law
- 2002
This article aims to explore two different and apparently incompatible legal paradigms in constitutiona l jurisdiction . These opposing paradigms can be seen in a comparison of the decisions…
Judicial Activism in Perilous Times: The Turkish Case
- Political Science, Law
- 2009
Under what circumstances do courts act in ways that challenge the political hegemony of the military in countries with weak democratic institutions? This article addresses this question by focusing…
The guardian of the regime: the Turkish Constitutional Court in comparative perspective
- Law
- 2008
review, most cases are brought before the Constitutional Court by the parliamentary opposition, a practice that increases the potential for the judicialisation of the political process.30 The…
Friends of the Court: The Republican Alliance and Selective Activism of the Constitutional Court of Turkey
- Law
- 2006
During the past two decades, scholars have noted a global expansion of judicial power and court-led rights revolutions. Far from leading a rights-revolution, the Constitutional Court of Turkey became…