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020 _a9783031460111
_9978-3-031-46011-1
024 7 _a10.1007/978-3-031-46011-1
_2doi
050 4 _aK3236-3268.5
072 7 _aJPVH
_2bicssc
072 7 _aLAW013000
_2bisacsh
072 7 _aJPVH
_2thema
100 1 _aMasmaliyeva, Tarlan.
_eauthor.
_4aut
_4http://id.loc.gov/vocabulary/relators/aut
_968208
245 1 0 _aTurkish Secularism
_h[electronic resource] :
_bHow to Raise Its Level of Protection /
_cby Tarlan Masmaliyeva.
250 _a1st ed. 2024.
264 1 _aCham :
_bSpringer Nature Switzerland :
_bImprint: Springer,
_c2024.
300 _aXI, 267 p.
_bonline resource.
336 _atext
_btxt
_2rdacontent
337 _acomputer
_bc
_2rdamedia
338 _aonline resource
_bcr
_2rdacarrier
347 _atext file
_bPDF
_2rda
490 1 _aEuropean Union and its Neighbours in a Globalized World,
_x2524-8936 ;
_v12
505 0 _aIntroduction -- 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.
520 _aThere are any number of studies on Turkish secularism. However, to date there has never been a comprehensive analysis of the constitutional protection of secularism, one that systematically covers all relevant aspects. Addressing that gap, this book presents a comprehensive and coherent analysis of the constitutional framework of this principle within the Turkish legal system. 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.
650 0 _aHuman rights.
_958427
650 0 _aCivil rights.
_958419
650 0 _aEuropean communities.
_968209
650 1 4 _aHuman Rights.
_958427
650 2 4 _aEuropean Fundamental Rights and Freedoms.
_968210
710 2 _aSpringerLink (Online service)
773 0 _tSpringer Nature eBook
776 0 8 _iPrinted edition:
_z9783031460104
776 0 8 _iPrinted edition:
_z9783031460128
776 0 8 _iPrinted edition:
_z9783031460135
830 0 _aEuropean Union and its Neighbours in a Globalized World,
_x2524-8936 ;
_v12
_968211
856 4 0 _uhttps://doi.org/10.1007/978-3-031-46011-1
912 _aZDB-2-LCR
912 _aZDB-2-SXLC
999 _c56809
_d56809