Lessons from a secular state: extracting the essence of the constitution and its implication on judicial interpretation of human rights provisions in Turkey and Malaysia

Malaysia and Turkey, in a different degree and areas, continue to construct Islamic identity. However, a clear divergent of position regarding religion could be seen in the respective constitutions with regard to the position of Islam and secularism. It is interesting to investigate the constitution...

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Main Authors:	Shuaib, Farid Sufian, Tumay, Murat
Format:	Article
Language:	English English
Published:	IIUM Press, International Islamic University Malaysia 2019
Subjects:	JQ Political institutions Asia K Law (General)
Online Access:	http://irep.iium.edu.my/70956/ http://irep.iium.edu.my/70956/ http://irep.iium.edu.my/70956/1/EssenceOfConstitutionMalaysiaTurkey_AlShajarah_AfterCommentFromReviewer_28_12_2018.pdf http://irep.iium.edu.my/70956/2/Letter_AcceptanceAsShajarah_SearchingTheEssence_Jan2019.pdf

id	iium-70956
recordtype	eprints
spelling	iium-709562019-03-03T08:33:27Z http://irep.iium.edu.my/70956/ Lessons from a secular state: extracting the essence of the constitution and its implication on judicial interpretation of human rights provisions in Turkey and Malaysia Shuaib, Farid Sufian Tumay, Murat JQ Political institutions Asia K Law (General) Malaysia and Turkey, in a different degree and areas, continue to construct Islamic identity. However, a clear divergent of position regarding religion could be seen in the respective constitutions with regard to the position of Islam and secularism. It is interesting to investigate the constitutional position of religion and the consequence of such divergent in the construction of the constitution and legislation. The paper looks at the text of the constitutions and approaches taken by the apex court in the two countries. The paper also looks at the jurisprudence of the European Court of Human Rights since Turkey is a signatory of the Convention for the Protection of Human Rights and Fundamental Freedoms. The opposing positions taken by the two constitutions with regard to the influence of religion in public affairs surprisingly offers a coherent approach in constitutional construction. IIUM Press, International Islamic University Malaysia 2019 Article NonPeerReviewed application/pdf en http://irep.iium.edu.my/70956/1/EssenceOfConstitutionMalaysiaTurkey_AlShajarah_AfterCommentFromReviewer_28_12_2018.pdf application/pdf en http://irep.iium.edu.my/70956/2/Letter_AcceptanceAsShajarah_SearchingTheEssence_Jan2019.pdf Shuaib, Farid Sufian and Tumay, Murat (2019) Lessons from a secular state: extracting the essence of the constitution and its implication on judicial interpretation of human rights provisions in Turkey and Malaysia. Al-Shajarah, xx (xx). pp. 1-19. ISSN 1394-6870 (In Press) http://journals.iium.edu.my/shajarah/index.php/shaj
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	JQ Political institutions Asia K Law (General)
spellingShingle	JQ Political institutions Asia K Law (General) Shuaib, Farid Sufian Tumay, Murat Lessons from a secular state: extracting the essence of the constitution and its implication on judicial interpretation of human rights provisions in Turkey and Malaysia
description	Malaysia and Turkey, in a different degree and areas, continue to construct Islamic identity. However, a clear divergent of position regarding religion could be seen in the respective constitutions with regard to the position of Islam and secularism. It is interesting to investigate the constitutional position of religion and the consequence of such divergent in the construction of the constitution and legislation. The paper looks at the text of the constitutions and approaches taken by the apex court in the two countries. The paper also looks at the jurisprudence of the European Court of Human Rights since Turkey is a signatory of the Convention for the Protection of Human Rights and Fundamental Freedoms. The opposing positions taken by the two constitutions with regard to the influence of religion in public affairs surprisingly offers a coherent approach in constitutional construction.
format	Article
author	Shuaib, Farid Sufian Tumay, Murat
author_facet	Shuaib, Farid Sufian Tumay, Murat
author_sort	Shuaib, Farid Sufian
title	Lessons from a secular state: extracting the essence of the constitution and its implication on judicial interpretation of human rights provisions in Turkey and Malaysia
title_short	Lessons from a secular state: extracting the essence of the constitution and its implication on judicial interpretation of human rights provisions in Turkey and Malaysia
title_full	Lessons from a secular state: extracting the essence of the constitution and its implication on judicial interpretation of human rights provisions in Turkey and Malaysia
title_fullStr	Lessons from a secular state: extracting the essence of the constitution and its implication on judicial interpretation of human rights provisions in Turkey and Malaysia
title_full_unstemmed	Lessons from a secular state: extracting the essence of the constitution and its implication on judicial interpretation of human rights provisions in Turkey and Malaysia
title_sort	lessons from a secular state: extracting the essence of the constitution and its implication on judicial interpretation of human rights provisions in turkey and malaysia
publisher	IIUM Press, International Islamic University Malaysia
publishDate	2019
url	http://irep.iium.edu.my/70956/ http://irep.iium.edu.my/70956/ http://irep.iium.edu.my/70956/1/EssenceOfConstitutionMalaysiaTurkey_AlShajarah_AfterCommentFromReviewer_28_12_2018.pdf http://irep.iium.edu.my/70956/2/Letter_AcceptanceAsShajarah_SearchingTheEssence_Jan2019.pdf
first_indexed	2023-09-18T21:40:43Z
last_indexed	2023-09-18T21:40:43Z
_version_	1777413120988282880

Lessons from a secular state: extracting the essence of the constitution and its implication on judicial interpretation of human rights provisions in Turkey and Malaysia

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