DoctorateOpen Access

Interaction between constitutional courts and judicial dialogue

2019
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Advisor: Doç. Dr. Haydar Burak Gemalmaz

Abstract (EN)

In this study, the use of foreign precedents by constitutional courts has been examined. The process of dialogue which provides interaction between constitutional courts has been evaluated as an inevitable consequence of globalisation. The phenomenon of references to the decisions of the foreign constitutional courts has been set forth by the concept of constitutional borrowing and the relation between canons of interpretations has been discussed. In pursuit of the theoretical explanations, the legitimacy of constitutional borrowing has been examined. In this context, an evolution on the question of legitimacy has been set forth by introducing debates on the legal authority of judicial decisions. Lastly, constitutional borrowing practices has been discussed as a result of the classification of data obtained by examining case law. In that sense, the legal aim, effects and results of constitutional borrowing has been determined.

Author

Dr. Aslı Topukcu

How to Cite

Aslı Topukcu (Doctorate thesis). Interaction between constitutional courts and judicial dialogue, 2019, İstanbul University.

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