POSTS BY Cem Tecimer

The Curious Case of Article 299 of the Turkish Penal Code: Insulting the Turkish President

Judgments by the Strasbourg Court are binding on Turkey and furthermore are the primary source for interpreting the European Convention of Human Rights, a treaty to which Turkey is party and which, according to Article 90 of the Turkish Constitution, prevails over national laws such as Article 299 of the Turkish Penal Code on insulting the President, in the event of conflict. ECtHR jurisprudence clearly indicates such a conflict between Article 299 and the Convention. But are Turkish courts aware of this?

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Rethinking Turkish Secularism: Towards “Unofficial” Islamic Constitutionalism?

There are both domestic and foreign concerns that Turkey is a theocracy in the making or some “attenuated” version thereof.  While most of these concerns are full of extravagant exaggerations, often suggesting Iran as an example Turkey is allegedly headed towards, there is a certain element of truth embedded in these concerns.

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Abusive comparativism: “Pseudo-comparativist” political discourse as a means to legitimizing constitutional change in Turkey

The constitutional amendment process has arguably weakened Turkey’s already-fragile constitutionalist system. This is well known. What is less known and pretty much overlooked is that comparativism and specifically comparative constitutionalism has suffered at the hands of Turkish political elites during the legal and political discussions that preceded the referendum.

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