is one of the first academicians that wrote about civil procedure law matters after Turkish law revolution. As works of Berkin are scrutinized, it can be determined that Berkin had different opinions compared to current civil procedure doctrine. Varying opinions draw attention especially on jurisdiction order and subject matter jurisdiction rules that constitute its sub element. The terminology used by the author for jurisdiction order, his classification of jurisdiction rules, his explanations about the nature of subject matter jurisdiction rules could be different from prevailing opinions in Turkish civil procedure law doctrine. It can be occurred that in progress of time, some opinions of Prof. Dr. Necmeddin Berkin got closer to he prevailing opinion in Turkish civil procedure law doctrine. This article demonstrates on one hand that the transformation of some of his opinions, on the other hand it reflects to change and transformation of Turkish civil procedure law doctrine especially on subject matter jurisdiction rules.
Amidst continuing debates whether it is a democratic or an authoritarian political actor, this study suggests a postfoundational view of Turkey’s Justice and Development Party (AK Party). According to postfoundationalism, society is a contingent but necessary ground for the social, which is open-ended and overrides all social formations with its non-fixable differences. Democracy marks this stubborn character of the social and is antithetical to the idea of society, which entails the fixation of differences and a degree of social closure. On this basis, I argue that the AK Party is, in fact, a hegemonic popular political movement, as opposed to merely a political party, that subscribes to democracy and yet seeks to construct a society. Accordingly, I analyze how it strives to resolve this paradoxical situation by attempting to rearticulate and integrate democracy (and other signifiers) into its conservative/civilizational discourse.
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