TY - JOUR A1 - Çalı, Başak T1 - Balancing Human Rights? Methodological Problems with Weights, Scales and Proportions JF - Human Rights Quarterly N2 - This article takes issue with the argument that human rights are not absolute and should be balanced in relation to competing communal aims. The balancing of qualified human rights is a key practice of the European Court of Human Rights and a great deal depends on a clear analysis of the ramifications of balancing for our understanding of human rights aims. The author does not seek to propose an alternative to balancing, but aims to show that it is not necessarily coherent with human rights principles or the kinds of functions international human rights institutions are thought to perform. KW - ECHR KW - balancing KW - proportionality Y1 - 2007 U6 - https://doi.org/10.1353/hrq.2007.0002 SN - 1085-794X VL - 29 IS - 1 SP - 251 EP - 270 ER - TY - JOUR A1 - Çalı, Başak T1 - Bargaining Transnationalism: The European Court of Human Rights JF - Finnish Yearbook of International Law Y1 - 2004 VL - 15 SP - 111 EP - 128 ER - TY - CHAP A1 - Çalı, Başak ED - Langfort, Malcolm ED - Porter, Bruce ED - Brown, Rebecca ED - Rossi, Julieta T1 - Enforcement T2 - Optional Protocol to the International Covenant on Economic, Social and Cultural Rights: A Commentary Y1 - 2016 N1 - ISBN 9781920538507 SP - 391 EP - 415 PB - Pretoria University Law Press CY - Pretoria ER - TY - CHAP A1 - Çalı, Başak ED - Arnardóttir, Oddný Mjöll ED - Buyse, Antoine T1 - From Flexible to Variable Standards of Judicial Review: The Responsible Domestic Courts Doctrine at the European Court of Human Rights T2 - Shifting Centres of Gravity in Human Rights Protection: Rethinking relations between the ECHR, EU and national legal orders Y1 - 2016 U6 - https://doi.org/10.4324/9781315651125 N1 - ISBN 9781138121249 SP - 144 EP - 161 PB - Routledge CY - Basingstoke ER - TY - CHAP A1 - Çalı, Başak ED - Andreotti, Onur T1 - Does the remedy jurisprudence of the European Court of Human Rights do enough for media freedom? T2 - Journalism at Risk : Threats, Perspectives and Challenges Y1 - 2015 SN - 978-92-871-8120-6 SP - 81 EP - 104 PB - Council of Europe Publishing CY - Strasbourg ER - TY - CHAP A1 - Çalı, Başak ED - Føllesdal, Andreas ED - Schaffer, Johan Karlsson ED - Ulfstein, Geir T1 - The legitimacy of international interpretive authorities for human rights treaties: an indirect-instrumentalist defence T2 - The Legitimacy of International Human Rights Regimes: Legal, Political and Philosophical Perspectives Y1 - 2013 SN - 978-1-107-03460-0 U6 - https://doi.org/10.1017/CBO9781139540827.006 SP - 141 EP - 164 PB - Cambridge University Press CY - Cambridge ER - TY - JOUR A1 - Çalı, Başak A1 - Cunningham, Stewart T1 - Judicial Self Government and the Sui Generis Case of the European Court of Human Rights JF - German Law Journal Y1 - 2018 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-27434 VL - 19 IS - 7 SP - 1978 EP - 2006 ER - TY - JOUR A1 - Çalı, Başak A1 - Durmuş, Betül T1 - Judicial Self-Government as Experimental Constitutional Politics: The Case of Turkey JF - German Law Journal N2 - This article traces the evolution of judicial self-government practices (JSG) in Turkey and argues that the frequent changes in JSG are part of a broader trajectory of experimental constitutional politics. The Council for Judges and Prosecutors has experienced sharp turns since its establishment in 1961, respectively in 1971, 1982, 2010, 2014 and 2017.During this period, Turkey experienced different forms of judicial councils ranging from co-option, hierarchical and executive controlled judicial council models to a more pluralistic model. The Justice Academy of Turkey has also not been immune from this experimentalism. The article discusses the endogenous relationship between these often short-lived experiments of JSG and their impacts on the independence, accountability, and legitimacy of the judiciary and public confidence in the judiciary. The article then turns to the repercussions of JSG on separation of powers and democratic principle. It focuses on the implications of the ambiguous position of the Council in the state structure for the separation of powers, and the revived debate on democratic legitimacy of JSG after the 2017 constitutional amendments. Y1 - 2018 U6 - https://doi.org/10.1017/S2071832200023208 VL - 19 IS - 7 SP - 1672 EP - 1706 ER - TY - JOUR A1 - Çalı, Başak T1 - Explaining Variation in the Intrusiveness of Regional Human Rights Remedies in Domestic Orders JF - International Journal of Constitutional Law N2 - Regional human rights systems vary with respect to the intrusiveness of human rights remedies into the domestic orders of states from a spectrum of more intrusive remedies in the Americas to less intrusive remedies in Europe. This article identifies three potential explanations as to why the intrusiveness of human rights remedies varies across the three regional systems: (i) the legal design explanation, (ii) the case-history explanation, and (iii) the legal culture explanation. The article argues that of these competing explanations, the legal culture explanation fares better than the other contenders in accounting for variation in the intrusiveness of remedies over time. The other two explanations, however, are also of use. The legal design explanation accounts for why the courts in the Americas and Africa are more amenable to intrusive remedies. The case-history explanation is able to explain sudden bursts of intrusive remedies in all three regions. Y1 - 2018 U6 - https://doi.org/10.1093/icon/moy009 VL - 16 IS - 1 SP - 214 EP - 234 ER - TY - JOUR A1 - Çalı, Başak A1 - Madsen, Mikael Rask A1 - Viljoen, Frans T1 - Comparative Regional Human Rights Regimes: Defining a Research Agenda JF - International Journal of Constitutional Law N2 - This article introduces the Comparative Regional Human Rights Regimes Symposium which marks a first attempt at a regime-level comparative analysis of the three main regional human rights courts and commissions. It does so with the aim of laying out why regime level comparative analysis matters and why access, interpretation and remedies offer core markers of a comparative research agenda. The article identifies three distinct contributions that regional comparison makes to comparative international human rights law. First, it allows us to go beyond the binary form that is prevalent in comparative human rights law scholarship that most often juxtaposes (selected elements of) the European and Inter-American human rights regimes, and less frequently the African-Inter-American, or African-European human rights regimes. Second, a comparative research agenda goes beyond existing scholarship on regional comparison that has been largely descriptive in character. Taking a holistic approach to regional human rights regimes, comparisons can be made over time and dynamics of divergences and convergences can be identified and explained. Third, a comparative research agenda allows us to locate regional human rights regimes as part of a more general global evolution of law and institutions. That is, through comparison, we are better placed to evaluate how regional human rights courts and commissions are inscribed in a broader development of regional and international law since the aftermath of World War II. Y1 - 2018 U6 - https://doi.org/10.1093/icon/moy008 VL - 16 IS - 1 SP - 128 EP - 135 ER -