Minorities and Nationalism in Turkish Law

ISBN-13: 9781409420071 / Angielski / Twarda / 2013 / 320 str.

Derya Bayir

Opis

Examining the on-going dilemma of the management of diversity in Turkey from a historical and legal perspective, this book argues that the state s failure to accommodate ethno-religious diversity is attributable to the founding philosophy of Turkish nationalism and its heavy penetration into the socio-political and legal fibre of the country. It examines the articulation and influence of the founding principle in law and in the higher courts jurisprudence in relation to the concepts of nation, citizenship, and minorities. In so doing, it adopts a sceptical approach to the claim that Turkey has a civic nationalist state, not least on the grounds that the legal system is generously littered by references to the Turkish ethnie and to Sunni Islam. Also arguing that the nationalist stance of the Turkish state and legal system has created a legal discourse which is at odds with the justification of minority protection given in international law, this book demonstrates that a reconstruction of the founding philosophy of the state and the legal system is necessary, without which any solution to the dilemmas of managing diversity would be inadequate. Adopting an interdisciplinary approach, this timely book will interest those engaged in the fields of Middle Eastern, Islamic, Ottoman and Turkish studies, as well as those working on human rights and international law and nationalism."

Spis treści

Introduction, 1 The Ottoman Empire and Minorities, 2 Transition to the Turkish Nation-State, 3 Management of Diversity in the Turkish Nation-State, 1923–60, 4 The Myth of the Civic State and Turkish Ethnie in Law, 5 Nation and Minority in the Jurisprudence of the Turkish Constitutional Court, 6 ‘The right to equal concern and respect’: Equality, Anti-Discrimination and Anti-Racism Laws in Turkey,Conclusion, List of Cases and Laws, Bibliography, Index

O autorze

Dr Derya Bayır is a legal consultant specializing in international human rights and minority rights, criminal law, and the Turkish legal system.