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Constitutional lawyer


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Mert Nomer
Name:
Mert Nomer
Hometown:
turkey
Joined:
Feb 21, 2011

Recent Comments

Mert Nomer

housing department is not that helpfull for short term scholars unfortunately... Thank you I will be waiting for good news...

Edited on Oct 7, 2011 at 2:01am
Mert Nomer

Claire Berlinski, Ed.: In principle, they have to hold by-elections if the number of vacant seats in Parliament reaches five percent of the total number of seats--in other words 28 deputies--within three months. Now a CHP deputy is urging a boycott of parliament as well. The CHP is in emergency session.

Turkey may muddle through, but it's playing with fire.  · Jun 23 at 8:56am

By-elections can only be hold if 28 deputies or 5 percent of the total number of seats holders would resignate.

Absent and the most important detail is that Parliament should have concent on the resignations. Without concent from the Parliament resignation wouldn't be valid and there wont be no by-elections.

Mert Nomer

John Grant, Guest Contributor:  Claire,

Your comments that indicate the lack of  _ideas_ of law or due process make me wonder if genuine democracy is possible in Turkey.

Democracy understood as the dominance of the majority is possible anywhere.  But is democracy where the rights of all are equally secured through the rule of law and impartial judicial process possible in Turkey?

Its not about East - West - South or North its about the human being itself. Whoever has the power in hand attempts to abuse it. 

A true democracy and rule of law is possible in Turkey as much as it is possible anywhere in the world.

Mert Nomer

In public spheres some freedoms can be disqualified in the name of public benefits.

Most of the members who commented here used the word ¨provocateurs¨.

I am afraid that the word ¨provocation¨ is quite subjective. I don't see no provocation, no violence no insult in here.

To see the matter in a new light, if freedoms are going to be disqualified in the name of public benefits it should be appropriate to proportionality principle. Arresting someone for such an act doesn't seem to my legal mind fair.

By the way just to inform: A flashmob action also happened in Istanbul last year in Taksim Square in front of Republic Memorial. Hundreds of people were hitting each other with pillows. Guess how many arrested ? None.

Mert Nomer

John Lamoreaux: Mert, thanks. I see now how this would work, esp re the constitution.

To be sure, the numbers post-2007 are a dramatic change. Is it linked to the introduction of Mernis, the new system for voter registration? I'm having trouble finding independent information on it. It's odd that it's under Ministry of the Interior, rather than Elections Board.

Was Mernis already in place for the 2007 election? I hope not...

Your welcome.

Mernis used also in 2007 elections. 

Mert Nomer

Of course last thing but not least is legitimacy problem. Between 2007 and 2011 electors increased 10million. This doesn't look real. Neither Turkey's Statistic Organization nor General Directorate of the Cencus proved 10 million difference.

Also Supreme Committee of Elections haven't made any explanation till now.

If it was a calculation error in 2007 than power in party at the moment does not have legitimacy if it is a calculation error now than this elections will not be legitimate.

Mert Nomer
But I don't get it... Suppose there has been an attempt to rig the election. Aren't the polls consistently showing AKP 20+ points ahead of CHP? It seems a huge risk to take, just to claim a massive mandate rather than just a really big one. · May 31 at 12:46am

It would be a little bit hard to explain but i will try... As we know in last election only 3 Parties were able to pass the undemocratic %10 threshold. AKP, CHP, MHP and independent candidates group DTP. AKP had enough majority to make Constitutional amendments alone. 

Due to polls now AKP is behind in votes compare to last elections and CHP has more votes than previous elections. MHP seems like loosing a small percentage too.

Due to most of the polls AKP won't be able to make Constitutional amendments alone which is i think a big handicap for AKP because they mostly dont like consensus based decision making. 

These 10 million extra voters means 1 million more votes to pass threshold. If somehow MHP would stay under threshold, due to our electoral system AKP would again have enough majority to make amendments alone. 

Mert Nomer

Maybe i really should not comment on this article, as a part of it. 

Mert Nomer
Percival: I'm not a lawyer, only an engineer, but the problem I have with casuistic constitutions is that any right that a government can grant, it can also take away.  The Constitution doesn't give us our rights, it recognizes and guarantees them.  That is why the phrase "Congress shall pass no law" is so prevalent. · May 25 at 3:29pm

Being casuistic doesn't mean that the Constutiton is easy to change it only means that it is deeply detailed.

US Constitution is really hard to change as we all know.

Mert Nomer

Jaydee_007

I think I really have an issue with the current ability of the Supreme Court to Interpret the Constitution.

The Constitution was written in English.  It was not meant to be seen as Leagaleze.  The Constitution, like the Bible, was meant for everyone to understand, and was not supposed to be Cryptic. 

When one person wants to transfer ownership of an apple to another they say, "Here, Have an Apple."

Lawyers, however, will say, "I, being the party of the first part, do hereby transfer to you, being the party of the second part, all rights, priviledges, and enjoyment of this item in evidence, being an apple, maintaining no rights for my self."

The courts were supposed to Apply the Constitution, not Interpret the Constitution.  But once you have lawyers involved, common sense went right out the window. · May 25 at 8:56am

But what if people doesn't know what Apple means ? Or what if after taking the apple he eats it?  We just said take it. We didn't say eat it. Thats why we can need a little bit more explanation.

Mert Nomer

US Constitution is not casuistics as we all know, which means not detailed. If we search the countries which made their constitution in last decade or twenty years we would see that its more popular to make casuistics constitutions.

With detailed and long Constitutions mostly you dont need to make interpretations too much because its all written there word by word trying to explain what it is.

But in short Constutitons like US has. Its the interpretations what makes law, which is i think more enjoyable for us constitutional lawyers to solve... 

Mert Nomer

So we are talking of a Party which hold the legislative and executive power in hand.

One last think with 2010 Constitutional changings more than half of our Constitutional Courts judges are nominated by legislative and executive branch. So we can easly say Judicial power is under attack too.

Mert Nomer

David Williamson: 2. I have no idea about the Turkish Constitution, but doubt whether it has all the checks and balances of the US constitution (currently under attack - see point 1).

Oh, third point - arguably, the best years of Turkey were under Ataturk  - I think any (Turkish) Presidential system, now, will be more, um, Islamist? This seems like a crucial difference, or am I wrong? · May 24 at 11:51pm

For Turkish Constitution we can not say that it has all the checks and balances of the US Cons.

Our government system is parliamentary which means soft seperation of powers. Also i should add that our system is not pure parliamentary because president of our republic does have a lot of  authority with 82 Constitution. This is not the only drift from pure parliamentarism but also Republicpresident is going to be elected by citizens with 2005 constitutional  changes  which means he will be a political character and will make propaganda to be elected.

So at the moment our system can work because its like a single party era. AKP holds  big majorty in the Parliament. Current President of our Republic was also elected by the Parliamentbefore amendments. 

Mert Nomer

...... Maybe thats why we are coming to negative government theory of Taft and positive government from Roosevelt...

Probably another similar question would be: Are Presidents authorizations enumerated in Article 2 so that they are only allowed to do what in Constitution writes or Presidents can do whatever they want only if it is not restrained by the Constitutions. These two types of interpretations would make huge limit difference...

Mert Nomer

Pike Bishop

I find Professor Epstein's libertarian views much more in accord with my own than those of Professor Yoo's.  I've only read Professor Yoo's Crisis & Command and it left me with an "Imperial Presidency" feeling  I find repulsive (I would like to read more but my library only carries the one title).  As for Professor Epstein's views you can do no better than to go to the source - here is a short PDF file on hs views regarding just one aspect of presidential over-reach. · May 24 at 10:53am

Thanks for the pdf... I just red it and actually i feel like i am also in Epstein side of view... Also ill be reading http://review.law.umn.edu/wpcontent/uploads/2011/04/Levinson_Balkin_MLR.pdf

Constitutional Dictatorship, Its Dangers and Its Design from Sanford Levinson and Jack M. Balkin and see if it would make my point of view stronger...

I do believe that Constitution is not limiting the President. Of course i dont mean that there is no limitations at all. I.E. ¨advise and concent of Senate¨ etc Maybe thats why we are coming to negative government theory of Taft,

Mert Nomer

Patrick Higgins: Hi, Mert!  

It might be interesting to research Andrew Jackson's presidency.  Andrew Jackson issued twelve presidential vetoes, while his six presidential predecessors only issued ten vetoes combined.  Jackson's policies also led to the forced eviction of over 100,000 Native Americans from their ancestral land.  The Supreme Court of the United States upheld the rights of the Native Americans three times, but Jackson ignored those rulings.  John Marshall was on the Supreme Court at the time.  Look into John Marshall's various rulings (Marbury v. Madison, etc.).   · Mar 3 at 12:00pm

Thanks a lot Patrick, ill be checking that.

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