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POSTS BY Emre Turkut
23 November 2023
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The Individual Application Mechanism is on the Verge of Collapse, and so is Turkish Constitutionalism

Turkey is plunged into yet another profound judicial crisis as the Turkish Constitutional Court (TCC) and the Turkish Court of Cassation (Yargıtay) lock horns over the fate of an imprisoned opposition politician. While two earlier posts published on Verfassungsblog have already meticulously dissected this unfolding judicial drama (here and here), we aim to invigorate the debate with a fresh vantage point. In this piece, we will narrow the focus to one key actor: the TCC. More particularly, we will delve into the implications this evolving judicial crisis holds for the future of the TCC's individual application mechanism. Continue reading >>
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09 May 2022

Der 11. September und die drei Arten des permanenten Ausnahmezustands

Eine besondere Folge des 11. September 2001 ist die rasche und weltweite Ausweitung der Notstandsbefugnisse, da terroristische Bedrohungen als "permanenter" Notstand angesehen werden. In der Zwischenzeit haben sich mindestens drei "Arten" der Einführung eines permanenten Notstands kristallisiert. Continue reading >>
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09 May 2022

On 9/11 and three natures of a permanent state of emergency

One particular consequence of the post-9/11-counterterrorism paradigm is there has been a rapid and global expansion of emergency powers, as terrorist threats are viewed as creating a ‘permanent’ emergency. This is not to say that the post-9/11 war on terror was new as far as the issues of states of emergency are concerned, but rather, as aptly put by Dyzenhaus, "all that is new is the prevalence of the claim that this emergency has no foreseeable end and so is permanent.” Continue reading >>
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16 March 2021
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Year One: Reflections on Turkey’s Legal Responses to the COVID-19 Pandemic

Ever since the first officially reported COVID-19 case in the country in March in 2020, Turkey, like most of the world, has taken measures to control the pandemic. The measures taken by Turkey included limitations on freedom of movement, closing schools and moving to online teaching at schools as and universities, restrictions on business opening hours, cessation of prison and detention visits, prohibition of resignation for healthcare staff, and, more stringently, the introduction of curfews. Continue reading >>
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01 April 2020
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Before it Spreads “Like Wildfire”: Prisoners’ Rights in the Time of COVID-19

There are more than 10.7 million people imprisoned throughout the world. Prisons are notorious incubators and amplifiers of infections, and the fear among inmates due to COVID-19 is deepening all across the world (France, UK, US and Australia among many others). During the current pandemic, protecting prisons from the ‘tidal wave of COVID-19’ proves to be a challenging issue for States. After all, they have obligations and duties under international law to safeguard the human rights of prisoners, particularly their right to life, health and human treatment. Continue reading >>