Turkish Constitutionalism in Millî Mücadele

2021 ◽  
Vol 18 (2) ◽  
pp. 320-334
Author(s):  
Francesco Petrucciano
Keyword(s):  
Legal System ◽  
State Building ◽  
Public Law ◽  
The State ◽  
Transitional Period ◽  
Imperial Authority ◽  
Building Process ◽  
Turkish State ◽  
Definition Of ◽  
The Way

Abstract The Teşkilât-ı Esasiye Kānūnu of 1921 is an interesting snapshot of the state-building process of the Turkish State during the Millî Mücadele. In this transitional period, the Ankara Meclis puts in the Chart all the expectations for the new State, drawing a system strongly based on Parliamentarism. While denying the Imperial authority, it voluntarily defers the definition of the form of the State, paving the way to a new idea of sovereignty. The fundamental Chart constitutes the instrument the Meclis uses to inject new fundamental concepts in the Turkish legal system, while overcoming the concept of osmanlıcılık. A courageous attempt to introduce in Turkey some of the most advanced ideas of public law at that time, it represents the evolution and the end of the second Constitutional Era. This work aims to demonstrate how this Chart and the following reforms represent the base of much of what Turkey was for almost a century.

scholarly journals Trauma and Sacrifice in Divided Communities: The Sacralisation of the Victims of Terrorism in Spain

Religions ◽  
2021 ◽  
Vol 12 (2) ◽  
pp. 104
Author(s):  
Eliana Alemán ◽  
José Pérez-Agote
Keyword(s):  
Human Life ◽  
Traumatic Events ◽  
The State ◽  
A Posteriori ◽  
Institutional Discourse ◽  
Divided Societies ◽  
The Us ◽  
Definition Of ◽  
Public Demonstrations ◽  
The Way

This work aims to show that the sacrificial status of the victims of acts of terrorism, such as the 2004 Madrid train bombings (“11-M”) and ETA (Basque Homeland and Liberty) attacks in Spain, is determined by how it is interpreted by the communities affected and the manner in which it is ritually elaborated a posteriori by society and institutionalised by the state. We also explore the way in which the sacralisation of the victim is used in socially and politically divided societies to establish the limits of the pure and the impure in defining the “Us”, which is a subject of dispute. To demonstrate this, we first describe two traumatic events of particular social and political significance (the case of Miguel Ángel Blanco and the 2004 Madrid train bombings). Secondly, we analyse different manifestations of the institutional discourse regarding victims in Spain, examining their representation in legislation, in public demonstrations by associations of victims of terrorism and in commemorative “performances” staged in Spain. We conclude that in societies such as Spain’s, where there exists a polarisation of the definition of the “Us”, the success of cultural and institutional performances oriented towards reparation of the terrorist trauma is precarious. Consequently, the validity of the post-sacrificial narrative centring on the sacred value of human life is ephemeral and thus fails to displace sacrificial narratives in which particularist definitions of the sacred Us predominate.

scholarly journals Religious Freedom Not For All: Homeland Approach

2016 ◽  
Vol 1 (19) ◽  
pp. 185-188
Author(s):  
Oleksandr Zavaliy
Keyword(s):  
Religious Freedom ◽  
State Building ◽  
The State ◽  
Modern History ◽  
The West ◽  
Pope Francis ◽  
History Of ◽  
State Of Affairs ◽  
The Way

The modern history of Ukraine shows that the nation seeks to advance on the European path and meet the level of civilization development of the West. In this state of affairs, one can not ignore the rights of citizens, which are a state-building principle for European communities, namely, the primordial rights and freedoms of its citizens. The European face of Ukraine is formed from many components, including the importance of religious relations in the state, within which the freedom of citizens in general is determined. In 2015, Pope Francis recalled that religious freedom is "a fundamental right that forms the way by which we interact socially and personally with people who are around us, whose religious views may differ from ours."

Examples of Alternative Legal Systems in India

2019 ◽  
pp. 47-73
Author(s):  
Mahendra Pal Singh ◽  
Niraj Kumar
Keyword(s):  
Legal System ◽  
The State ◽  
Customary Law ◽  
Formal Definition ◽  
Legal Systems ◽  
Uniform Law ◽  
Definition Of ◽  
Cultural Freedom ◽  
Personal Law

There are systems of law within the Indian jurisdiction that either do not rely on the state legal system at all or rely on it only partially. These include systems of religious personal law, tribal customary law, and other similar indigenous mechanisms of administering justice and settling disputes. The formal definition of law in India, along with constitutional provisions which guarantee religious and cultural freedom and allow for modes of self-governance, accommodates different legal systems with indigenous or traditional roots. Moreover, local and village bodies such as traditional or caste councils operate in independent India as well, further questioning the rhetoric of uniform law in India.

Why the “Haves” Come Out Ahead: Speculations on the Limits of Legal Change

2021 ◽  
pp. 297-302
Author(s):  
Marc Galanter
Keyword(s):  
Legal System ◽  
The State ◽  
Legal Change ◽  
System P ◽  
The Law ◽  
Over Time ◽  
Do So ◽  
The Way

This article proposes some conjectures about the way in which the basic architecture of the legal system creates and limits the possibilities of using the system as a means of redistributive change. Specifically, the question is under what conditions litigation can be redistributive, taking litigation in the broadest sense of the presentation of claims to be decided by courts. Because of differences in their size, differences in the state of the law, and differences in their resources, some of the actors in society have many occasions to utilize the courts; others do so only rarely. One can divide these actors into those claimants who have only occasional recourse to the courts (one-shotters) and repeat players who are engaged in many similar litigations over time. The article then looks at alternatives to the official litigation system.

The Theory of the State as a Sovereign Juristic Person

1948 ◽  
Vol 42 (1) ◽  
pp. 16-31 ◽  
Author(s):  
Kenneth C. Cole
Keyword(s):  
Political History ◽  
Public Law ◽  
The State ◽  
Popular Sovereignty ◽  
General Conception ◽  
The People ◽  
Democratic System ◽  
Definition Of ◽  
Constitutional Morality

The casual student of Western political history encounters sovereignty in a number of guises. In the stage of absolute monarchy, it was a personal endowment of princes; in the stage of democracy, it seems to be a collective endowment of the “nation” or the “people.” In the latter period, moreover, a definition of law as the command of a sovereign becomes increasingly popular.These various contexts for sovereignty will already have suggested the protean possibilities of the general conception, but the student will have had little difficulty in sensing its generally anti-constitutional influence. Even popular sovereignty, which sounds the least dangerous, has had to be offset by opposing institutions in accounting for the relatively high constitutional morality of the democratic system.While, therefore, it is not surprising to find sovereignty again (and in a still different guise) when we examine the leading conceptions of American public law, one well may marvel to find it accorded a key position among them. For, strange to say, the sovereignty of the state is widely accepted as the cornerstone of a legal edifice which the lawyers themselves appear to have laid.

scholarly journals Interés general = General Interest

2019 ◽  
pp. 173
Author(s):  
Pablo Acosta Gallo
Keyword(s):  
Public Service ◽  
Legal System ◽  
Social Interest ◽  
The State ◽  
Public Utility ◽  
General Interest ◽  
Administrative Action ◽  
Legal Texts ◽  
Definition Of

Resumen: El concepto de interés general está sólidamente implantado en nuestra Constitución y en nuestro textos legales. La cláusula “intereses generales” legitima la acción de gobierno y la existencia misma del Estado, así como sus poderes de limitación de las esferas de libertad de los ciudadanos. Sin embargo, nuestro ordenamiento jurídico no ofrece una definición de lo que son los intereses generales. En este estudio se intentan encontrar las características que permiten orientar la acción administrativa hacia la satisfacción de los intereses generales, así como identificar los elementos que construyen el concepto.Palabras clave: Interés general, intereses generales, utilidad pública, interés social, servicio público.Abstract: The concept of general interest is firmly implanted in our Constitution and in our legal texts. The clause "general interests" legitimizes the action of government and the very existence of the State as well as its powers to limit the spheres of freedom of citizens. However, our legal system does not offer a definition of what general interests are. In this study we try to find the characteristics that allow us to orient the administrative action towards the satisfaction of the general interests as well as to identify the elements that construct the concept. Keywords: General interest, general interests, public utility, social interest, public service. 

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