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A Europe of RightsThe Impact of the ECHR on National Legal Systems$
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Helen Keller and Alec Stone Sweet

Print publication date: 2008

Print ISBN-13: 9780199535262

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199535262.001.0001

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The Reception Process in Greece and Turkey

The Reception Process in Greece and Turkey

Chapter:
(p.451) 8 The Reception Process in Greece and Turkey
Source:
A Europe of Rights
Author(s):

İbrahim Özden Kaboğlu

Stylianos-Ioannis G. Koutnatzis

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199535262.003.0008

This chapter discusses the reception of the ECHR in Greece and Turkey. Both countries ratified the ECHR almost simultaneously in the 50's, without critically and rigorously scrutinizing their domestic laws as to their conformity with the ECHR, and despite theoretically recognizing judicial review of legislation, the Greek and Turkish courts have traditionally deferred to the other two branches of Government. However, in the last three decades, differences in the effectiveness of the ECHR in Greece and in Turkey have become increasingly visible. Following the restoration of democracy in Greece in 1975, the fundamentals of democracy and rule of law soon became commonplace. In contrast, in Turkey, the traditional resistance to reforms in the State bureaucracy, including the Judiciary, the deficient willpower of the Government's political branches for the implementation of the reforms, the rise of nationalism, and the role of the military have perpetuated the difficulties for an effective reception of the ECHR.

Keywords:   European Convention on Human Rights, national legal order, legislature, judiciary

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