The commission on human rights inquiry: Turkey as a case study within the context of recent discussions on constitutionalism

Canıbek, Aslı Işın (2014) The commission on human rights inquiry: Turkey as a case study within the context of recent discussions on constitutionalism. [Thesis]

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Abstract

The legitimacy of judicial review seems recently to be under serious critique both empirically and theoretically. It seems as if that currently a struggle has been started on the part of the legislature in order to reclaim parliaments‟ share in ensuring the superiority of the constitution, a role which has been delegated exclusively to the judiciary for a long period of time. The intention of this thesis is to understand the location of Turkey within the context of the recent struggle which has been started on the part of the legislature to reclaim its share in ensuring the superiority of the constitution and constitutional rights. This thesis specifically focuses on the Commission on Human Rights Inquiry (CoHRI) as it is the first national human rights protection mechanism established in Turkey operating at the parliamentary level. In this regard, a descriptive analysis of the CoHRI‟s performance of its functions that are related to providing a pre-emptive right review is made. The descriptive analysis suggests that both the legal status of the CoHRI, which results from the formal rules and regulations on legislative commissions generally and on CoHRI particularly; and the functioning of TBMM as a plenary body form of legislature decrease the level of influence CoHRI has in terms of providing a preemptive right review mechanism.
Item Type: Thesis
Uncontrolled Keywords: The Commission on Human Rights Inquiry. -- Constitutionalism. -- Pre-emptive right review. -- Human rights. -- İnsan Haklarını İnceleme Komisyonu. -- Anayasacılık. -- Önleyici hak denetimi. -- İnsan hakları.
Subjects: J Political Science > JA Political science (General)
Divisions: Faculty of Arts and Social Sciences > Academic programs > Political Science
Faculty of Arts and Social Sciences
Depositing User: IC-Cataloging
Date Deposited: 11 Oct 2016 16:19
Last Modified: 26 Apr 2022 10:07
URI: https://research.sabanciuniv.edu/id/eprint/29867

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