DIN-U DEVLET ALL OVER AGAIN? THE POLITICS OF MILITARY SECULARISM AND RELIGIOUS MILITARISM IN TURKEY FOLLOWING THE 1980 COUP

2002 ◽  
Vol 34 (1) ◽  
pp. 113-127 ◽  
Author(s):  
Sam Kaplan
Keyword(s):  
Supreme Court ◽  
The Political ◽  
Military Establishment ◽  
Turkish Republic ◽  
The Supreme Court ◽  
Religious Parties ◽  
The Military ◽  
The Guardian ◽  
Two Sides

Current discussions on the political developments in Turkey frequently frame the struggles between the military and religious parties as a war between secularism and Islam and draw out incommensurable differences between the two sides. Indeed, the military establishment, which casts itself as the guardian of the secular republic, succeeded in 1997 in having the Supreme Court ban the Welfare Party, the first openly religious party ever to form a government in the Turkish Republic. The generals justified this seemingly undemocratic move by claiming that that this party was trying to reinstate the sacred shari[ayin]a law.

The tenure of English judges

1913 ◽  
Vol 7 (2) ◽  
pp. 217-229 ◽  
Author(s):  
C. H. McIlwain
Keyword(s):  
Supreme Court ◽  
Political Science ◽  
Theory And Practice ◽  
The Political ◽  
The Supreme Court ◽  
History Of ◽  
The Subject ◽  
General Object ◽  
William Iii ◽  
Science Association

At the meeting of the Political Science Association last year, in the general discussion, on the subject of the recall, I was surprised and I must admit, a little shocked to hear our recall of judges compared to the English removal of judges on address of the houses of parliament.If we must compare unlike things, rather than place the recall beside the theory or the practice of the joint address, I should even prefer to compare it to a bill of attainder.In history, theory and practice the recall as we have it and the English removal by joint address have hardly anything in common, save the same general object.Though I may not (as I do not) believe in the recall of judges, this paper concerns itself not at all with that opinion, but only with the history and nature of the tenure of English judges, particularly as affected by the possibility of removal on address. I believe a study of that history will show that any attempt to force the address into a close resemblance to the recall, whether for the purpose of furthering or of discrediting the latter, is utterly misleading.In the history of the tenure of English judges the act of 12 and 13 William III, subsequently known as the Act of Settlement, is the greatest landmark. The history of the tenure naturally divides into two parts at the year 1711. In dealing with both parts, for the sake of brevity, I shall confine myself strictly to the judges who compose what since 1873 has been known as the supreme court of judicature.

scholarly journals The Military Coups in Shadow of Democratization (A Comparative Study of Turkey and Mauritania)

2017 ◽  
Vol 13 (10) ◽  
pp. 75
Author(s):  
EkramBadr El-din ◽  
Mohamed Dit Dah Ould Cheikh
Keyword(s):  
Comparative Study ◽  
Democratic Transition ◽  
Political Action ◽  
The Other ◽  
Political Life ◽  
The Political ◽  
Military Establishment ◽  
Descriptive Approach ◽  
The Military

The current study tries to examine the military coups that have occurred in Turkey and Mauritania. These coups differ from the other coups that occurred in the surrounding countries in the phase of democratization as these coups served as a hindrance to the process of democratization in Turkey and Mauritania. The problem of the study revolves around the analysis of the coups that happened in Turkey and Mauritania in the phase of democratic transition. The research is designed to answer the following question: what are the reasons that prompted the military establishment to intervene in political life in the shadow of the process of democratization in Turkey and Mauritania? The study aims at understanding reasons that pushed the military establishment to intervene in the political life. To discuss this phenomenon and achieve the required results, the analytical descriptive approach is adopted for concluding key results that may contribute to understand reasons that pushed the military establishment to intervene in the political life in Turkey and Mauritania in the aftermath democratization occurred in the two countries. The study concluded that the military establishment in both countries engaged in the political action and became ready to militarily intervene in the case of harming its interests and acquisitions. 

The Role of Courts in Rifted Democracies

1999 ◽  
Vol 33 (2) ◽  
pp. 216-258 ◽  
Author(s):  
Ruth Gavison
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Judicial Review ◽  
Public Life ◽  
The Political ◽  
The Rule Of Law ◽  
Independent Judiciary ◽  
The Supreme Court ◽  
Harsh Criticism

A discussion of the role of courts in Israel today demands some introductory remarks. The Supreme Court and the President of the Supreme Court enjoy great acclaim and respect within Israel and abroad, but have recently come under attack from a variety of sources. These attacks are often confused, and many of them are clearly motivated by narrow partisan interests and an inherent objection to the rule of law and judicial review. But these motives do not necessarily weaken the dangers which the attacks pose to the legitimacy of the courts in general, and the Supreme Court in particular, in Israel's public life. The fact that in some sectors extremely harsh criticism of the court is seen to be an electoral boost, testifies to the serious and dangerous nature of the threat. This situation creates a dilemma for those who want a strong and independent judiciary, believing it is essential for freedom and democracy, but who also believe that, during the last two decades, the courts have transgressed limits they should respect. The dilemma becomes especially acute when the political echo sounds out in one's criticism, and when one is part of the group that believes that the legal and the judicial systems have made some contribution to the prevalence of these hyperbolic and dangerous attacks, as I am.

scholarly journals CREATING A STANDARDIZED ASSESSMENT FOR COURT ACCREDITATION

2019 ◽  
Vol 8 (1) ◽  
pp. 39
Author(s):  
Zulfia Hanum Alfi Syahr
Keyword(s):  
Service Quality ◽  
Supreme Court ◽  
Accreditation Standard ◽  
Satisfaction Index ◽  
Accreditation Standards ◽  
The Supreme Court ◽  
Assessment Standards ◽  
The Military ◽  
Religious Courts ◽  
The Ideal

The improvement of court’s quality has been done through various efforts, one of them is an accreditation program. Before the implementation of internal accreditation policies, the courts under the Supreme Court had used ISO standards to maintain the service quality. Along with the development of judiciary innovations especially the dream toward the great judiciary, the Supreme Court has developed special accreditation standards for each judicial environment. General Court (Badilum) has implemented the Quality Assurance Accreditation (APM) programme in 7 assessment areas. Afterward, the Religious Courts (Badilag) in addition to 7 APM areas as in Badilum also applied 9 other assessment standards. Furthermore, the Military and Administration Agency (Badilmiltun) has 7 different accreditation assessment areas with Badilum and Badilag. The problem that will be examined is how to determine the ideal criteria for assessing court accreditation. Given that the ideal accreditation standard is not only improving the quality of court services but also being able to meet the needs and expectations of justice seekers, as indicated by the community satisfaction index. The court accreditation standard used today is the adoption of the International Framework of Court excellent (IFCE) and is adapted to the area of Bureaucratic Reform and the oversight function of the Supreme Court. The method of determining accreditation criteria is done by comparing court accreditation standards that have been used with the SERVQUAL model. The SERVQUAL model is an initial model that appears to measure service quality. The results of the study found that a number of court accreditation assessment standards has been represented the dimensions of service quality at SERVQUAL.

scholarly journals The Limits of Possibilities of Religious Politics: The Case of the Tehreek-i-Labbaik in Pakistani Punjab

2021 ◽  
pp. 003802292110510
Author(s):  
Hassan Javid
Keyword(s):  
Political Parties ◽  
Public Life ◽  
Religious Right ◽  
Democratic Politics ◽  
Military Establishment ◽  
Religious Parties ◽  
General Elections ◽  
The Government ◽  
Effective Use ◽  
The Military

Historically, despite the tremendous influence exerted by Islam on public life, religious parties and organisations have historically failed to do well at the ballot box, receiving an average of only 6% of votes cast in elections since the 1980s. Focusing on the case of the Tehreek-i-Labbaik Pakistan (TLP), a new Barelvi political party and social movement that has campaigned on the emotive issue of blasphemy since being formed in 2015, this article argues that the clientelistic, patronage-based nature of democratic politics in Punjab, coupled with factionalism and competition within the religious right, continues to play a role in limiting the electoral prospects of religious parties. Nonetheless, as was seen in the General Elections of 2018 in which the TLP outperformed expectations, there are particular circumstances in which the religious parties are able to make electoral breakthroughs. While the TLP was able to make effective use of populist rhetoric to garner some genuine support for itself, this article argues that the organisations sustained campaign of protests over the issue of blasphemy fed into broader efforts by the military establishment and opposition political parties to destabilise and weaken the government of the PML-N prior to the 2018 elections.

Judicial Power in a Political World

2012 ◽  
Author(s):  
Justin Crowe
Keyword(s):  
Supreme Court ◽  
Political Rhetoric ◽  
Democratic Politics ◽  
Judicial Power ◽  
The Political ◽  
Institution Building ◽  
Political Arena ◽  
Federal Judiciary ◽  
The Supreme Court ◽  
The Relationship

This concluding chapter synthesizes the book's main findings about the architectonic politics of judicial institution building and contextualizes them within contemporary debates. It also reflects upon the lessons of the more than 200-year historical lineage of the institutional judiciary for our understanding of judicial power in America. More specifically, it considers the place of the federal judiciary in America's past and future in empirical and normative terms, respectively. It argues that both political rhetoric and academic exegesis about the Supreme Court embody a fundamentally incorrect presumption about the judiciary being external to politics, and that such presumption leads to a series of misconceptions about the relationship between judicial power and democratic politics. The chapter offers a conception that not only locates the judicial branch squarely within the political arena but also places substantially greater emphasis on its cooperation rather than conflict with other actors and institutions in that arena.

The developmental history of solitary and supermax confinement: toward a phenomenology of the state of exception

2017 ◽  
Author(s):  
David Polizzi
Keyword(s):  
Supreme Court ◽  
The State ◽  
Political Order ◽  
State Of Exception ◽  
The Political ◽  
Developmental History ◽  
Giorgio Agamben ◽  
Attitudes And Behaviors ◽  
The Supreme Court ◽  
History Of

The phenomenology of solitary and supermax confinement reflects what Giorgio Agamben has defined as the state of exception. The state of exception is defined as the blurring of the legal and political order, which constructs a zone of indifference for those forced to endure this situation. This notion of the state of exception can be applied to the zone of indifference created by the Supreme Court, which seems unwilling to outlaw this harmful practice relative to 8th Amendment protections prohibiting cruel and unusual punishment and the political order which is all too inclined to continue use strategy. One of the central aspects of this “ecology of harm”, is the way in which the very structures of this type of confinement, helps to invite and legitimize abusive attitudes and behaviors in penitentiary staff.

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