Papers by Ilyas Firat Cengiz
DergiPark (Istanbul University), Apr 13, 2023
DergiPark (Istanbul University), Oct 3, 2022
İnönü Üniversitesi Hukuk Fakültesi dergisi, Dec 31, 2017
Social Sciences Studies Journal, 2017
Constitutionalism and the EU constitution still keep their distinctive place in European Union (t... more Constitutionalism and the EU constitution still keep their distinctive place in European Union (the EU) studies. The concept of constitutionalism has legal and institutional dimensions, which have an integrative influence over the people of the Union. It implies effective relationships within social actors so as to create social ordering and cultural ideas. For that reason, diversities and different interest actors within the Union require valid, reasonable, symbolic and normative elements such as social identity, catastrophic events, and common history, culture and religion in order to bind people together in the Union and to generate a common mental process. Yet in case of a crisis within the EU – such as identity, integration, constitution, and democratic deficit etc. – the fundamental reason for this would be the lack of constitutive element known as the raison d’être of integration. For instance, democracy deficit in the policy and law making process of the EU is regarded as on...
Law and Justice Review , 2022
Political parties are the main players in a democratic system with a
multi-party system. The fund... more Political parties are the main players in a democratic system with a
multi-party system. The fundamental principles of democracy consist
of free election, the right of criticism, and the right to organise political
opposition. However, democracy provides available ground for party
politics to abuse or misuse democratic institutions and procedures to
harm or overturn democracy. In some cases, political parties aim to
replace a democratic regime with their non-democratic ideology. For
instance, a political party advocates violence or aims to overthrow
the existing constitutional order through armed struggle, terrorism, or
subversive activity. So, political parties might also play a role in causes
of terrorism. From past to present, many examples can be founded that
political parties have involved in or created terrorist organisations, based
on different types of relationships. National authorities have adopted
measures against such relationships through restricting or dissolving
political parties. The United Kingdom, Spain and Turkey are some of
these countries that have developed different approaches to interfere
with the linkage between political parties and terrorist organisations (the
Irish Republican Army (IRA), Basque Homeland and Freedom (ETA)
and Kurdistan Workers' Party (PKK)), within the democratic system.
This study analyses the legal framework established by these countries
and the European Court of Human Rights against such linkages.
Key Words: Limiting/Dissolving Political Parties, Terrorism, the
ECtHR
The Commission on Human Rights was replaced with the Human Rights Council due to being the centre... more The Commission on Human Rights was replaced with the Human Rights Council due to being the centre of politicization, double standards and selective among states. These are the problems which bring political disagreements into the forefront within the UN Human Rights mechanism rather than its actual duty which is to promote and to protect human rights in national and international levels. Thus the Human Rights Council with the Universal Periodic Review (UPR) has emerged with the notions such as accountability, transparency, non-selectivity, inclusiveness, de-politicisation, impartiality, periodicity and complementary, to prevent these accusations. Specifically the UPR is now in its third cycle (
Constitutionalism and the EU constitution still keep their distinctive place in Euro-pean Union (... more Constitutionalism and the EU constitution still keep their distinctive place in Euro-pean Union (the EU) studies. The concept of constitutionalism has legal and institutional dimensions, which have an integrative influence over the people of the Union. It implies effective relationships within social actors so as to create social ordering and cultural ideas. For that reason, diversities and different interest actors within the Union require valid, reasonable, symbolic and normative elements such as social identity, catastrophic events, and common history, culture and religion in order to bind people together in the Union and to generate a common mental process. Yet in case of a crisis within the EU-such as identity, integration, constitution, and democratic deficit etc.-the fundamental reason for this would be the lack of constitutive element known as the raison d'être of integration. For instance, democracy deficit in the policy and law making process of the EU is regarded as one of the main issues. The citizens of the Member States have been excluded and they have been losing their interests of and support to EU policies. This is closely related to legitimacy of the constitution of the EU as well as creating common mental process. In this manner, BrExit is the historic event that all these crises and problems have obviously revealed. It divulges how EU constitutionalism fails in creating common legal and institutional dimensions. BrExit referendum is taken as a catalyser event creating huge impacts on constitutionalism and social integration of the EU. BrExit implies that preserving national sovereignty with high level of legitimacy has kept its importance over the supranational project of the Union challenging with democracy deficit, limited legitimacy, and lack of common mental process for European demos. Özet Anayasalcılık ve anayasanın kendisi hala Avrupa Birliği (AB) çalışmalarında ö-nemli bir yer edinmektedir. Anayasalcılık konsepti AB vatandaşlar üzerinde entegrasyonu sağlayan bir etkisi olan yasal ve kurumsal boyutları içermektedir. Anayasalcılık kültürel fikirler ve sosyal düzenleyiş yaratan, sosyal aktörler arasında etkileyici ilişkileri kapsamak-tadır. Bu nedenle, birlik vatandaşlarını birlikte tutabilmek için ve ortak bir akli süreç oluşturabilmek için, birlik içerisindeki farklı çıkar grupları ve çeşitlilikler geçerli, makul sembolik ve normatif unsurlara-sosyal kimlik, feci-yıkımsal olaylar ve ortak tarih, kültür,
Books by Ilyas Firat Cengiz
Uluslaraarsı İlişkilerde Güncel Sorunlar, 2018
The fundamental inability of the international system to agree upon a definition of 'terrorism' h... more The fundamental inability of the international system to agree upon a definition of 'terrorism' has caused one of the major problems for countering terrorism. The 'invention' of 'terrorism' as a fundamentally political term involves moral judgment and the infusion of this political concept into defining terrorism is inherently problematic. It exists as a framework for explaining incidents which are deemed by those of effective in world politics to involve illegitimate and unacceptable political violence. 'Terrorism' is a deeply subjective concept involving an assessment of the motives and intentions of perpetrators for rhetorical reasons used in a careless and pejorative way rather than being technical term for a specific form of violence. Such international inability causes disruptions and new challenges especially for Turkey to counter terrorism in the cases of PKK/PYD and FETO/PDY terrorist organisations. The inclusion of these organisations as non-state actors in the international system with new methods such as "proxy war" and "creating parallel state" pushes national authorities to update their countermeasures to struggle with terrorism. Without cooperation and consensus in the international system, it is a bitter reality that terrorism gains power, capability and opportunity to attain its aims. Especially US, western states and Russia provide wide range of political, economic and military support for these terrorist organisations in order for their state interests. Their political and military activities create safe haven for PKK/PYD in Syria and for FETO/PDY in different parts of the world. Therefore, terrorism has became much worse challenge for the international system more than ever. In this paper, absence of international definition of terrorism will be argued with its influence over the practice where Turkey defines PKK/PYD and FETO/PDY as terrorist organisations but US, western states and Russia (here only for PYD) do not. Such dispute is worth to evaluate how it provides power, capability and opportunity for terrorism against Turkey.
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Papers by Ilyas Firat Cengiz
multi-party system. The fundamental principles of democracy consist
of free election, the right of criticism, and the right to organise political
opposition. However, democracy provides available ground for party
politics to abuse or misuse democratic institutions and procedures to
harm or overturn democracy. In some cases, political parties aim to
replace a democratic regime with their non-democratic ideology. For
instance, a political party advocates violence or aims to overthrow
the existing constitutional order through armed struggle, terrorism, or
subversive activity. So, political parties might also play a role in causes
of terrorism. From past to present, many examples can be founded that
political parties have involved in or created terrorist organisations, based
on different types of relationships. National authorities have adopted
measures against such relationships through restricting or dissolving
political parties. The United Kingdom, Spain and Turkey are some of
these countries that have developed different approaches to interfere
with the linkage between political parties and terrorist organisations (the
Irish Republican Army (IRA), Basque Homeland and Freedom (ETA)
and Kurdistan Workers' Party (PKK)), within the democratic system.
This study analyses the legal framework established by these countries
and the European Court of Human Rights against such linkages.
Key Words: Limiting/Dissolving Political Parties, Terrorism, the
ECtHR
Books by Ilyas Firat Cengiz
multi-party system. The fundamental principles of democracy consist
of free election, the right of criticism, and the right to organise political
opposition. However, democracy provides available ground for party
politics to abuse or misuse democratic institutions and procedures to
harm or overturn democracy. In some cases, political parties aim to
replace a democratic regime with their non-democratic ideology. For
instance, a political party advocates violence or aims to overthrow
the existing constitutional order through armed struggle, terrorism, or
subversive activity. So, political parties might also play a role in causes
of terrorism. From past to present, many examples can be founded that
political parties have involved in or created terrorist organisations, based
on different types of relationships. National authorities have adopted
measures against such relationships through restricting or dissolving
political parties. The United Kingdom, Spain and Turkey are some of
these countries that have developed different approaches to interfere
with the linkage between political parties and terrorist organisations (the
Irish Republican Army (IRA), Basque Homeland and Freedom (ETA)
and Kurdistan Workers' Party (PKK)), within the democratic system.
This study analyses the legal framework established by these countries
and the European Court of Human Rights against such linkages.
Key Words: Limiting/Dissolving Political Parties, Terrorism, the
ECtHR