{"title":"有了一个不同的名字,玫瑰不再是玫瑰:正义与发展党土耳其的立法质量和性别平等","authors":"V. Scotti","doi":"10.1080/20508840.2021.1942368","DOIUrl":null,"url":null,"abstract":"ABSTRACT The 1982 Turkish Constitution established a legal system aimed at ensuring state efficiency and stability more than the full respect of the rule of law. In the last decade, the latter is undergoing a democratic decay. The currently dominant Islamic Populism is reinterpreting fundamental concepts of constitutional democracy to entrench a paternalistic majoritarian vision of the law-making process and of the society. This perspective undermines the principle of gender equality, confirming the denial of LGBTQIA+ rights and increasingly favouring the principle's interpretation in line with the Islamic conception of gender complementarity. Such a limitation in women's enjoyment of equality is quite striking for a country that started the process of women's emancipation and empowerment at the beginning of the twentieth century, coevally with the establishment of the Turkish Republic. Furthermore, this drift raises doubts as to the activity of the parliamentary committee on ‘Equal opportunity for women and men’, established in 2009 with the duty of ensuring the respect for gender equality throughout the law-making process. Does it effectively enhance gender equality in the legislation or is it a mere reputational tool? To answer this question, after having introduced the illiberal features of the current Turkish regime, the activity of the Committee is assessed against the European and Turkish standards on the quality of legislation. Finally, concluding remarks compare the Turkish case with other illiberal authoritarianisms’ discourse on gender equality, underscoring to what extent the Turkish authoritarian drift entails an anti-gender evolution in line with the conservative ideological vision of several other populisms.","PeriodicalId":42455,"journal":{"name":"Theory and Practice of Legislation","volume":null,"pages":null},"PeriodicalIF":1.5000,"publicationDate":"2021-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20508840.2021.1942368","citationCount":"3","resultStr":"{\"title\":\"With a different name, the rose is not a rose anymore: legislative quality and gender equality in the AKP's Turkey\",\"authors\":\"V. 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Furthermore, this drift raises doubts as to the activity of the parliamentary committee on ‘Equal opportunity for women and men’, established in 2009 with the duty of ensuring the respect for gender equality throughout the law-making process. Does it effectively enhance gender equality in the legislation or is it a mere reputational tool? To answer this question, after having introduced the illiberal features of the current Turkish regime, the activity of the Committee is assessed against the European and Turkish standards on the quality of legislation. Finally, concluding remarks compare the Turkish case with other illiberal authoritarianisms’ discourse on gender equality, underscoring to what extent the Turkish authoritarian drift entails an anti-gender evolution in line with the conservative ideological vision of several other populisms.\",\"PeriodicalId\":42455,\"journal\":{\"name\":\"Theory and Practice of Legislation\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":1.5000,\"publicationDate\":\"2021-06-21\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1080/20508840.2021.1942368\",\"citationCount\":\"3\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Theory and Practice of Legislation\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/20508840.2021.1942368\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Theory and Practice of Legislation","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20508840.2021.1942368","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
With a different name, the rose is not a rose anymore: legislative quality and gender equality in the AKP's Turkey
ABSTRACT The 1982 Turkish Constitution established a legal system aimed at ensuring state efficiency and stability more than the full respect of the rule of law. In the last decade, the latter is undergoing a democratic decay. The currently dominant Islamic Populism is reinterpreting fundamental concepts of constitutional democracy to entrench a paternalistic majoritarian vision of the law-making process and of the society. This perspective undermines the principle of gender equality, confirming the denial of LGBTQIA+ rights and increasingly favouring the principle's interpretation in line with the Islamic conception of gender complementarity. Such a limitation in women's enjoyment of equality is quite striking for a country that started the process of women's emancipation and empowerment at the beginning of the twentieth century, coevally with the establishment of the Turkish Republic. Furthermore, this drift raises doubts as to the activity of the parliamentary committee on ‘Equal opportunity for women and men’, established in 2009 with the duty of ensuring the respect for gender equality throughout the law-making process. Does it effectively enhance gender equality in the legislation or is it a mere reputational tool? To answer this question, after having introduced the illiberal features of the current Turkish regime, the activity of the Committee is assessed against the European and Turkish standards on the quality of legislation. Finally, concluding remarks compare the Turkish case with other illiberal authoritarianisms’ discourse on gender equality, underscoring to what extent the Turkish authoritarian drift entails an anti-gender evolution in line with the conservative ideological vision of several other populisms.
期刊介绍:
The Theory and Practice of Legislation aims to offer an international and interdisciplinary forum for the examination of legislation. The focus of the journal, which succeeds the former title Legisprudence, remains with legislation in its broadest sense. Legislation is seen as both process and product, reflection of theoretical assumptions and a skill. The journal addresses formal legislation, and its alternatives (such as covenants, regulation by non-state actors etc.). The editors welcome articles on systematic (as opposed to historical) issues, including drafting techniques, the introduction of open standards, evidence-based drafting, pre- and post-legislative scrutiny for effectiveness and efficiency, the utility and necessity of codification, IT in legislation, the legitimacy of legislation in view of fundamental principles and rights, law and language, and the link between legislator and judge. Comparative and interdisciplinary approaches are encouraged. But dogmatic descriptions of positive law are outside the scope of the journal. The journal offers a combination of themed issues and general issues. All articles are submitted to double blind review.