Populism and Democracy Eds.:Sascha Hardt, Aalt Willem Heringa, Hoai-Thu Nguyen, 2020
The guiding question for this chapter is whether there is a way to save referendums from populist... more The guiding question for this chapter is whether there is a way to save referendums from populist manipulation. For this purpose, Part I will provide a brief introductory note on the relationship between populism and referendums. In fact, legal doctrine and practice have always discerned “good practices” from bad ones – or, put differently –democratic referendums from non-democratic ones. Keeping this in mind, Part II will offer a definition of the concept of “authoritarian referendum” and a historical account of authoritarian referendums, particularly in France under Napoleon(s) and in Hitler’s Germany. Finally, Part III will discuss, a contrario the authoritarian referendums, that there are emerging standards of democratic (good) referendums in comparative constitutional law and international documents; and a synthesis of these standards may be taken as a guideline in the path of securing a pluralist and democratic system of referendum.
In the referendum held on 25 September 2017, the voters of the Kurdistan Regional Government of I... more In the referendum held on 25 September 2017, the voters of the Kurdistan Regional Government of Iraq (KRG) went to the polls to decide whether they wanted an independent state. In this independence referendum, the voters were asked the following question: "Do you want the Kurdistan Region of Iraq (KRI) and Kurdistani territories that are outside KRI to become an independent state?" With a turnout around 72 %, more than 90% of the voters voted for independence. This note aims to provide a brief analysis on the legal nature of this referendum. For this purpose, I will first define the concept of the independence referendum in general and locate the Kurdish referendum within this concept. Then I will analyze the decision of the KRG to hold the independence referendum from both aspects of constitutional and international laws.
Anadolu Üniversitesi Sosyal Bilimler Dergisi, 2013
This study aims at a conceptual and theoretical analysis of the concept of positive discriminatio... more This study aims at a conceptual and theoretical analysis of the concept of positive discrimination, its application in Turkey and its perception on elite level and among the Turkish society. To this end, the study includes four separate methodologically different sections. The first section is dedicated to a literature survey. The second section consists of an overall review of the legal measures that may be associated with the positive discrimination. The third section is left for the qualitative study whereas in the fourth section there are the findings of the quantitative method.
Populism and Democracy Eds.:Sascha Hardt, Aalt Willem Heringa, Hoai-Thu Nguyen, 2020
The guiding question for this chapter is whether there is a way to save referendums from populist... more The guiding question for this chapter is whether there is a way to save referendums from populist manipulation. For this purpose, Part I will provide a brief introductory note on the relationship between populism and referendums. In fact, legal doctrine and practice have always discerned “good practices” from bad ones – or, put differently –democratic referendums from non-democratic ones. Keeping this in mind, Part II will offer a definition of the concept of “authoritarian referendum” and a historical account of authoritarian referendums, particularly in France under Napoleon(s) and in Hitler’s Germany. Finally, Part III will discuss, a contrario the authoritarian referendums, that there are emerging standards of democratic (good) referendums in comparative constitutional law and international documents; and a synthesis of these standards may be taken as a guideline in the path of securing a pluralist and democratic system of referendum.
In the referendum held on 25 September 2017, the voters of the Kurdistan Regional Government of I... more In the referendum held on 25 September 2017, the voters of the Kurdistan Regional Government of Iraq (KRG) went to the polls to decide whether they wanted an independent state. In this independence referendum, the voters were asked the following question: "Do you want the Kurdistan Region of Iraq (KRI) and Kurdistani territories that are outside KRI to become an independent state?" With a turnout around 72 %, more than 90% of the voters voted for independence. This note aims to provide a brief analysis on the legal nature of this referendum. For this purpose, I will first define the concept of the independence referendum in general and locate the Kurdish referendum within this concept. Then I will analyze the decision of the KRG to hold the independence referendum from both aspects of constitutional and international laws.
Anadolu Üniversitesi Sosyal Bilimler Dergisi, 2013
This study aims at a conceptual and theoretical analysis of the concept of positive discriminatio... more This study aims at a conceptual and theoretical analysis of the concept of positive discrimination, its application in Turkey and its perception on elite level and among the Turkish society. To this end, the study includes four separate methodologically different sections. The first section is dedicated to a literature survey. The second section consists of an overall review of the legal measures that may be associated with the positive discrimination. The third section is left for the qualitative study whereas in the fourth section there are the findings of the quantitative method.
Uploads
Papers by İ.G. SEN
offer a definition of the concept of “authoritarian referendum” and a historical account of authoritarian referendums, particularly in France under Napoleon(s) and in Hitler’s Germany. Finally, Part III will discuss, a contrario the authoritarian referendums, that there are emerging standards of democratic (good) referendums in comparative constitutional law and international documents; and a synthesis of these standards may
be taken as a guideline in the path of securing a pluralist and democratic system of referendum.
Conference Presentations by İ.G. SEN
offer a definition of the concept of “authoritarian referendum” and a historical account of authoritarian referendums, particularly in France under Napoleon(s) and in Hitler’s Germany. Finally, Part III will discuss, a contrario the authoritarian referendums, that there are emerging standards of democratic (good) referendums in comparative constitutional law and international documents; and a synthesis of these standards may
be taken as a guideline in the path of securing a pluralist and democratic system of referendum.