III. INTERNATIONAL CONFERENCE ON THE CONSTITUTION

11-15 May 2011

ISTANBUL

FIRST DAY: 11/05/2011, Wednesday

Place: Istanbul University

OPENING SPEECHES

I. Session: HUMAN RIGHTS AND THE RELATIONSHIP BETWEEN THE STATE AND THE INDIVIDUAL

  • Development of Human Rights in the World and in Turkey
  • Protection of Human Rights in the International Area
  • Restriction of Fundamental Rights and Freedoms in Comparative Law, and the Related Problems
  • What Kind of a Concept of Human Rights in a Contemporary Constitution: State-Individual Relationship
  • New-Generation Human Rights (Right to Peace, Right to Water, Right to a Healthy Environment etc.)

II. Session: RULE OF LAW, JUDICIAL REFORM, INDEPENDENCE AND IMPARTIALITY OF THE JUDICIARY

  • The Understanindg of the Rule of Law/Supremacy of Law and Obstacles Before it in Turkey and in the World
  • High Courts and the Procedure for the Election of its’ Members in Comparative Law
  • Mechanisms to Provide for the Independence and the Impartiality of the Judiciary in Comparative Law
  • Entrance into the Profession of Judges and Prosecutors, and their Training in Comparative Law
  • Administration and Review of the Judiciary: Supreme Judicial Authorities (Supreme Council of Judges and Prosecutors and its Equivalents)
  • The Problem of the Unity - Disunity of the Judiciary and the Military Jurisdiction

III. SESSION: THE PLACE AND IMPORTANCE OF CONSTITUTIONAL REVIEW

CHAIR OF THE SESSION: HAŞİM KILIÇ ( PRESIDENT OF THE CONSTITUTIONAL COURT)

  • The Development of the Constitutional Review and its Problems in the World
  • The Development of the Constitutional Review and its Problems in Turkey
  • Constitutional Complaint-Individual Communication in Comparative Law

SECOND DAY: 12/05/2011

Place: Istanbul University

I. SESSION: PLURALISTIC DEMOCRACY AND POLITICAL PARTIES

  • Pluralistic Democracy and Political Parties Democracy
  • Democracy in Political Parties, the Binding Force of Group Decisions in Turkey
  • Militant Democracy and the Regime for the Banning of Political Parties

II. SESSION : ELECTION LAW AND ELECTORAL THRESHOLDS

  • The Search for Election Systems, the Electoral Threshold and Debates Concerning “Turkey Deputyship” in the Context of Just Representation and Stability in Administration
  • Instruments for Participation in Government in Democracies: Referendum, Dismissal from Office, Recall etc.
  • Administration and Review of the Elections in Comparative Law
  • Administration and Review of the Elections in Turkey and the Supreme Election Board

III.Session: The Quest for New Governmental Systems

Chair person: Prof. Dr. Burhan Kuzu

  • The Role of the Governmental System in Securing Politial Stability
  • Governmental Systems in the Turkish Constitutions from the Past to Today
  • Debates concerning the Governmental System in Turkey
  • The Presidency System and Its Applicability in Turkey

IV. Session: Controversial Issues in the Studies for a New Constitution

  • The Ideology of the new Constitution and its Preamble
  • Demands Concerning the Solution of Chronic Problems: Debates Regarding the Nation-Federal State, Democratic Autonomy, Decentralized Structureetc.
  • Debates Concerning Education in the Native Language
  • Is a New Definition of Nationality Needed?
  • Parliamentary and Bureucratic Immunities
  • Secularism and the Relationship Between Religion and State in the new Constitution
  • The Relationship Between Civil Authority and the Military in the New Constitution and the Role of the National Security Policy Document, and the National Security Council within this Framework

THIRD DAY

Place: Istanbul Kültür University

“THE CONSTITUTION AND CRIMINAL LAW, THE CONSTITUTIONALIZATION OF CRIMINAL LAW”

Criminal Law Norms Embodied in the Constitution

-Principle of Legality (Art. 38 (1) of the Constitution)

-Principle of Individual Criminal Responsibility (Art. 38 (7) of the Constitution)

-Prohibition on theImposition of Criminal Sanctions for theInability to Fulfil a Contractual Obligation (Art. 38 (8) of the Constitution)

-Prohibition on the Application of Security Measures by the Administration; the exception concerning military personnel (Art. 38 (10) of the Constitution)

-Prohibition on the Extradition of Nationals (Art. 38 (11) of the Constitution)

-Unlawful Orders and Special Investigation Rules (Art. 137 of the Constitution)

 Criminal Procedure Law Norms Embodied in the Constitution

- Right to a Fair Trial (Art. 36 (1) of the Constitution)

-Presumption of Innocence (Art. 38 (4) of the Constitution)

-Prohibition against Self-Incrimination (and against Being Compelled to Provide Evidence against Relatives) (Art. 38 (5) of the Constitution)

-Exclusion of Unlawfully Obtained Evidence (Art. 38 (6) of the Constitution)

-Right to a Legal Remedy (Art. 40 (1) (2) of the Constitution)

-Compensation (Art. 40 (3) of the Constitution)

-Publicity (Art. 141 (1) (2) of the Constitution)

-Reasoned Judgments (Art. 141 (3) of the Constitution)

-Establishment of Tribunals and Trial Principles (Art. 142 of the Constitution)

-The Supervision of Judges and Prosecutors(Art. 144 of the Constitution)

-Military Adjudication (Art. 145 of the Constitution)

-The Supreme Court (Art. 146 of the Constitution)

-The Court of Cassation (Art. 154 of the Constitution)

-The Military Court of Cassation (Art. 156 of the Constitution)

-The Court of Conflicts (Art. 158 of the Constitution)

-Supreme Board of Judges and Prosecutors (Art. 159 of the Constitution)

FOURTH DAY

I.Session :POLITICAL PARTIES AND THE QUEST FOR A NEW CONSTITUTION

Leaders or Deputy Leaders of Political Parties

II.Session: CIVIL SOCIETY AND THE QUEST FOR A NEW CONSTITUTION

The views of the civil society and the way in which they can contribute to the making of a new Constitution will be debated

III. Session: A PARTICIPATIVE CONSTITUTION AND THE PROBLEM OF METHODOLOGY

  • Methods of making a Constitution
  • (Original) Constituting power- Amending (derivative constituting) power and the provisions which can not be amended
  • Aparticipative Constitution and the role of civil society in the making of the Constitution
  • Turkish Constitutions from 1876 to date and their method of making

IV. Session: Closing session

Congress Report and Final Disucssion

FIFTH DAY

SOCIAL PROGRAM

Trip to the Sultanahmet Mosque

Trip to the Ayasofya (Hagia Sophia) Museum

Trip to the Topkapı Palace

Trip of the Boshporus

Lunch-Dinner

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