Parliamentary Immunity and the Issues Encountered in Turkey

2019 ◽  
pp. 31-58
Author(s):  
Omur Aydin
Keyword(s):  
Public Interest ◽  
Freedom Of Speech ◽  
Constitutional Amendment ◽  
The Political ◽  
Discretionary Power ◽  
Political Pressure ◽  
Constitutional Order ◽  
Constitutional Protection ◽  
Members Of Parliament ◽  
Made In

Parliamentary immunity is the totality of the assurances provided to members of parliament (MPs) for the purpose of public interest. It originates from British parliamentary law. Parliamentary immunity aims to ensure that MPs can perform their legislative duty independently, without being pressurised. In Turkey, parliamentary immunity has been under constitutional protection since 1876, when the constitutional order began. It can be said that Turkey has two fundamental chronic problems when it comes to this matter. First, inviolability is misused to protect MPs against allegations of corruption. Second, there are no objective criteria regarding the lifting of inviolability. This situation provides ruling parties having parliamentary majority with a wide discretionary power and creates a tool for putting political pressure on the deputies of opposition parties. Besides this, the constitutional amendment made in 2016 has brought about many problems and caused the political sphere and freedom of speech to be diminished.

scholarly journals Propaganda Eleitoral Negativa nas Eleições: Limitações à Liberdade de Expressão dos Candidatos e dos Eleitores

2014 ◽  
Vol 9 (2) ◽  
Author(s):  
Aline Boschi Moreira ◽  
Joana De Souza Sierra
Keyword(s):  
Public Interest ◽  
Political Process ◽  
Freedom Of Speech ◽  
Case Law ◽  
The Political ◽  
The Public ◽  
Political Propaganda ◽  
De Se

PROPAGANDA ELEITORAL NEGATIVA NAS ELEIÇÕES: LIMITAÇÕES À LIBERDADE DE EXPRESSÃO DOS CANDIDATOS E DOS ELEITORES NEGATIVE ELECTORAL PROPAGANDA: LIMITATIONS TO THE CANDIDATES’ AND THE VOTERS’ FREEDOM OF SPEECH RESUMO: O artigo visa a explorar os limites impostos pela liberdade de comunicação e de expressão à propaganda eleitoral negativa. A relevância do tema reside na constatação de que, na atualidade, estão disponíveis diversos meios para divulgação ampla das críticas aos candidatos que, feita corretamente, pode ser salutar, mas, sem limites, é contrária ao objetivo da proteção da livre manifestação. Ao longo do texto, explicam-se brevemente as formas de propaganda política, dentre elas a propaganda eleitoral, pincelando sobre as vedações infraconstitucionais ao conteúdo das manifestações públicas de opinião sobre candidatos em época de processo eleitoral. Em seguida, tratam-se a abrangência da liberdade de expressão como direito fundamental e a importância de se observar o interesse público como garantia da democracia. Por fim, estuda-se a jurisprudência correlata, para se concluir sobre os contornos aceitos da propaganda eleitoral negativa. PALAVRAS-CHAVE: Propaganda Eleitoral Negativa; Eleições; Candidatos; Liberdade de Expressão. ABSTRACT: This article aims to highlight the limits imposed by the freedom of communication and speech to negative electoral propaganda. The relevance of the discussion lies on the understanding that in these days there are numerous means of communication available to wide disseminate criticisms to candidates, what, when done properly, can be salutary to the political process; however, when unlimited, it becomes contrary to the objective of protection of freedom of speech. The different forms of political propaganda are briefly explained throughout the study, among which the electoral propaganda, with a glimpse on the infra-constitutional barriers to the content of public manifestations of opinion about candidates in the electoral year. Then, the extent of the freedom of speech as a fundamental right is dealt with, as well as the relevance of observing the public interest as a safeguard of democracy. Finally, the respective case law is studied, to conclude about the accepted contours of negative electoral propaganda. KEYWORDS: Negative Electoral Propaganda; Elections; Candidates; Freedom of Speech.

Propaganda as a means of implementing the ideological function of the state

2020 ◽  
Vol 2020 (3) ◽  
pp. 10-14
Author(s):  
Aleksey Bredikhin ◽  
Andrei Udaltsov
Keyword(s):  
Mass Media ◽  
Feedback System ◽  
Legal Framework ◽  
The State ◽  
The Political ◽  
Special Position ◽  
Equal Footing ◽  
Constitutional Order ◽  
Political Situation ◽  
The Mass Media

In the article the authors analyze the essence of propaganda as a means of implementing ideological function of the state. It is noted that propaganda is a mechanism of spreading information persuasive influence in the interpretation and estimation of state power representatives. The structure of propaganda is determined: beneficiary of propaganda, subjects of propaganda, content of propaganda, channels of realization of propaganda, addressee of propaganda, feedback system. Types of propaganda are distinguished: political, axiological, educational, preventive. The authors come to the conclusion that the basic directions and the propaganda content are established in normative acts and the programs and organizational actions accepted according to them. Along with the implementation of propaganda, the ideological function is implemented by prohibiting or restricting propaganda or other dissemination of information that endangers the foundations of the constitutional order and is otherwise aimed at destabilizing the political situation in the State, as well as prohibiting the propaganda of ideas that may harm the foundations of morality and morality. The mass media are essential in carrying out propaganda. The State widely uses this resource on an equal footing with other actors to disseminate ideas of public importance and uses the services of various communication agencies. However, the state forms a legal framework for the mass media, their rights and limitations, which still determines the special position of the state in this process.

Fighting for Family Reunification: the Congolese Experience in São Paulo, Brazil

2020 ◽  
Author(s):  
Patrícia Nabuco Martuscelli
Keyword(s):  
Organizational Structure ◽  
Sao Paulo ◽  
Family Reunification ◽  
The Political ◽  
Political Rights ◽  
São Paulo ◽  
Structured Interviews ◽  
Political Pressure ◽  
Brazilian Government

Abstract Refugees in Brazil have no political rights. However, problems with family reunification visas in the Brazilian Embassy in Kinshasa was a cause that united Congolese refugees in Brazil. This article analyzes the political articulation of this group in São Paulo. I conducted semi-structured interviews with refugees who act as spokespersons for this movement, and I analysed their strategies of organization, presentation of claims, and political pressure to solve this issue through analysis of documents produced by them and delivered to Brazilian authorities. Even though they had no success, they developed an organizational structure composed by a WhatsApp group for fast communication and periodic meetings in person in the centre of São Paulo. This structure can be used to demand other rights and to continue to pressure the Brazilian government.

Rationality revisited: Politicisation through planning rationality against the rationality of power

2021 ◽  
pp. 147309522110011
Author(s):  
Esin Özdemir
Keyword(s):  
Public Interest ◽  
General Position ◽  
Strong Relationship ◽  
Planning Theory ◽  
The Political ◽  
Rational Thinking ◽  
Liberal Democracies ◽  
Substantive Issue ◽  
Rational Consensus ◽  
Definition Of

In this article, I readdress the issue of rationality, which has been so far considered in western liberal democracies and in planning theory as procedural, and more recently as post-political in the post-foundational approach, aiming to show how it can gain a substantive and politicising character. I first discuss the problems and limits of the treatment of rational thinking as well as rational consensus-seeking as merely procedural and post-political. Secondly, utilising the notion of Realrationalität of Flyvbjerg, I discuss how rationality attains a politicising role due to its strong relationship with power. Using the concept of planning rationality aiming at public interest, I present the general position and actions of professional organisations in Turkey, focusing on the Chamber of City Planners, as an example illustrative of my argument. I finally argue that rationality becomes a substantive issue that politicizes planning, when it is put forward as an alternative to authoritarian market logic. In doing so, I adopt the Rancièrian definition of the political, defined as disclosure of a wrong and staging of equality. In conclusion, I first emphasize the importance of avoiding quick rejections of the concepts of rationality and consensus in the framework of planning activity and planning theory and secondly, call for a broader definition of the political; the political that is not confined to conflict but is open to rational thinking and rational consensus.

scholarly journals Coronavirus and Soft Law in Germany: Business as Usual?

2021 ◽  
pp. 1-17
Author(s):  
Matthias Knauff
Keyword(s):  
Legal Order ◽  
Soft Law ◽  
Constitutional Order ◽  
Binding Forms ◽  
Almost All ◽  
Business As Usual ◽  
Shed Light ◽  
Made In

In combating the coronavirus pandemic in Germany, soft law has played an important, albeit not a central, role. Its use basically corresponds to that of under “normal circumstances”. In accordance with the German constitutional order, almost all substantial decisions are made in a legally binding form. However, these are often prepared through or supplemented by soft law. This article shows that soft law has played an important role in fighting the pandemic and its effects in Germany, although there cannot be any doubt that legally binding forms of regulation have prevailed. At the same time, the current pandemic has shed light on the advantages and effects of soft law in the context of the German legal order.

COMBATING TRANSNATIONAL CRIME IN AFRICA: PROBLEMS AND PERSPECTIVES

2006 ◽  
Vol 50 (2) ◽  
pp. 145-160 ◽  
Author(s):  
JOHN HATCHARD
Keyword(s):  
Transnational Crime ◽  
Environmental Crime ◽  
The Political ◽  
Political Will ◽  
The Third ◽  
Major Threat ◽  
Proceeds Of Crime ◽  
Made In

Transnational crime is a major problem for African states with corruption, trafficking of persons, drugs trafficking, environmental crime and the like posing a major threat to development and stability. This article examines three challenges that states must tackle in order to combat transnational crime effectively. The first is how to deal with criminals who operate outside the jurisdiction. The second concerns the investigation of crimes with a transnational element. The third challenge involves tracing and then recovering the proceeds of crime that have been moved out of the country where the crime occurred. Here the need for Western states to cooperate with those in Africa is highlighted. Drawing on examples from Lesotho and Nigeria in particular, it is argued that some progress is being made in meeting these challenges. However, the article notes that developing the political will to tackle transnational crime is fundamental to any lasting improvement.

scholarly journals Experimental researches on the emission of oxygen by the pelvic filaments of the male lepidosiren with some experiments on symbranchus marmoratus

1932 ◽  
Vol 110 (766) ◽  
pp. 234-248 ◽  
Keyword(s):  
Dissolved Oxygen ◽  
North Coast ◽  
The Political ◽  
Medical College ◽  
The North ◽  
Gran Chaco ◽  
Glass Tubes ◽  
Political Conditions ◽  
Experimental Researches ◽  
Made In

The stage which the question of the function of the pelvic filaments of the male Lepidosiren had reached before the researches described in this paper can be seen by reference to the paper by Carter and Beadle (1930) and that by Cunningham in the previous year. The researches of Carter and Beadle as well as those previously carried out by Graham Kerr were made in the Gran Chaco of Paraguay, in the swamps of which region Lepidosiren is rather abundant. But when direct experiments on the function of the filaments were contemplated the political conditions made it inadvisable to attempt to visit this region, and it was suggested that Lepidosiren would be found in sufficient abundance on the island of Marajó at the mouth of the River Amazon. No evidence was obtained that the fish had recently been taken in that island, but three specimens, all from the same locality, namely a “papyrus meadow” near Fazenda Dunas on the north coast of the island, were recorded in 1896 and 1898 by Dr. Goeldi, Director and founder of the Muséu Goeldi at Belem. It was therefore decided to organise and carry out an expedition to Marajó. The equipment was prepared in the Physiological Department of the London Hospital Medical College and consisted of large glass tubes from 18 inches to 30 inches in length and 1½ inches to 3 inches in diameter; and weighed quantities in hermetically sealed tubes or bottles of the reagents required for the estimation of dissolved oxygen in water, together with the necessary accessories, and a special pump for obtaining water from below the surface of swamp pools.

Electoral and Partisan Cycles in the Canadian Provinces

1999 ◽  
Vol 32 (2) ◽  
pp. 273-292 ◽  
Author(s):  
François Petry ◽  
Louis M. Imbeau ◽  
Jean Crête ◽  
Michel Clavet
Keyword(s):  
The Political ◽  
Discretionary Power ◽  
Normal Behaviour ◽  
Political Budget Cycle ◽  
Budget Cycle ◽  
Opportunistic Behaviour ◽  
Electoral Defeat ◽  
Canadian Provinces ◽  
The Government ◽  
Expansionary Policy

AbstractThis study tests explanations of the growth of Canadian provincial governments that draw from the political budget cycle approach. The approach assumes that governments jointly respond to electoral and partisan goals. When the next election is not expected soon, the government uses its discretionary power to pursue its ideological target. When the next election is near, politicians in government, fearing electoral defeat, deviate from their normal behaviour and engage in a re-election effort by undertaking an expansionary policy. This study suggests that provincial governments behave in the opportunistic fashion described by the model. Moreover, there is no sign that this opportunistic behaviour has been affected by government cutbacks in the 1990s.

Objectifs des partis politiques en Wallonie : A propos des élections communales

Res Publica ◽  
1976 ◽  
Vol 18 (3-4) ◽  
pp. 461-173
Author(s):  
André Philipart
Keyword(s):  
Political Parties ◽  
Local Authority ◽  
Central Government ◽  
The Political ◽  
Political Strategy ◽  
Local Power ◽  
Political Alliances ◽  
French Speaking ◽  
Political Variables ◽  
Made In

As the restructuration of municipalities (local power) could bring along new local political alliances, one would have thought about the possibility of a relevant modification of the political map of Wallonie (French speaking region of Belgium) after the «elections communales» of October 10th, 1976.Some experts had even conceived that the reorganization of the local authority was a manoeuvre of the central government, made in order to neutralize a region in which the «Parti Socialiste Belge» had the majority (voices 36.8 % and 35.5 % of the deputies and senators mandates) . Others thought that the national political strategy would prevail.On the contrary, the results of the election have proved, that the «Parti Socialiste Belge» has kept its predominance in Wallonie (175 lists PSB in the 262 municipalities, 87 lists «en cartel» ; 58 got the majority of the votes and participation in the coalitions in more than half of the municipalities).  The other political parties (PSC, PLP, etc.) have kept their position.The national strategy didn't appear neither in the program, nor in the constitution of the voting lists ( 445 lists for the national parties, 541 local lists).The national political «variables» (alternatives)(government versus opposition; Brussel v. the regions; center v. pheriphery ; community v. community), haven't brought modifications to the local objectives for which the main reason remains either to keep the power or to make its conquest.

Sign in / Sign up

Export Citation Format

Share Document