Overview
- Comprehensively and systematically analyzes the principle of secularism in Turkey in theory and practice
- Elucidates the peculiarities of Turkish secularism, identifies deficiencies, and proposes improvements
- Includes a comprehensive, in-depth examination of the ECtHR cases regarding various aspects of Turkish secularism
Part of the book series: European Union and its Neighbours in a Globalized World (EUNGW, volume 12)
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Table of contents (8 chapters)
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Front Matter
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Back Matter
Keywords
About this book
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.
Authors and Affiliations
About the author
Bibliographic Information
Book Title: Turkish Secularism
Book Subtitle: How to Raise Its Level of Protection
Authors: Tarlan Masmaliyeva
Series Title: European Union and its Neighbours in a Globalized World
DOI: https://doi.org/10.1007/978-3-031-46011-1
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2024
Hardcover ISBN: 978-3-031-46010-4Published: 15 December 2023
Softcover ISBN: 978-3-031-46013-5Due: 15 January 2024
eBook ISBN: 978-3-031-46011-1Published: 14 December 2023
Series ISSN: 2524-8928
Series E-ISSN: 2524-8936
Edition Number: 1
Number of Pages: XI, 267
Topics: Human Rights, European Fundamental Rights and Freedoms