XVIiI. Antalya, Turkey May 20-22, 2015

Transcription

1 Wednesday, May 20 Participants arrive at conference hotel 18 th Annual Antalya, Turkey May 20-22, 2015 Sponsored by The Furth Family Foundation Co-sponsored by The Constitutional Court of Turkey The University of Michigan Law School Foundation for Electoral Systems 10:00 - Conference Registration 18:30 Ramada Plaza Antalya Gençlik Mahallesi Fevzi Çakmak Caddesi No: Antalya - TURKIYE 16:00 - Session Panel Meetings 16:30 Carnavale 1 18:15- Media Conference 18:45 Carnavale 1 19:00 Welcoming Reception 21:00 Carnavale 1 Thursday, May 21 9:00 Opening Remarks Judge, Constitutional Court of Turkey Frederick P. Furth, Esq., Founding Partner, The Furth Firm LLP, Conference Chairman, IFES Board of Directors Daniel A. Crane, Associate Dean for Faculty and Research and Frederick Paul Furth Sr. Professor of Law, University of Michigan Law School

2 9:30 Session One Law in Domestic Legal Systems Moderator: Tim Dickinson, University of Michigan Law School Commentator: Daniel A. Crane Justice Abdul Karim Pharaon, Court of Cassation, Abu Dhabi 10:15 Coffee Break 10:45 Comments This panel will discuss the extent to which international law is integrated into domestic adjudication. In particular, panelists will explore the following questions: Under what circumstances, if any, can domestic courts apply international law even in the absence of specific domestic implementing legislation? Does international law take precedence over some or all of domestic law, for example, constitutional law, statutes, decrees and regulations? How do domestic courts rank various forms of international law, including treaties, traditional international law, general principles, and jus cogens, for purposes of domestic application? Have rules of international law reshaped the substance of domestic legal norms, for example in the areas of fundamental rights, due process, and/or the interpretation of statutes, either because domestic courts chose to follow an international law model or were legally bound by international law to do so? 10:55 General Discussion 12:00 Lunch 13:30 Session Two Docket Management and the Role of High Courts Moderator: Julian Mortenson, University of Michigan Law School Commentator: Daniel Halberstan, University of Michigan Law School Senior Judge J. Clifford Wallace, Chief Judge Ameritus, U.S. Court of Appeals for the Ninth Circuit This panel will explore how highest courts manage their caseload while preserving fairness to litigants and fidelity to their basic mission. Panelists will discuss the following questions: What is their highest court s basic mission justice, proper application of the law, consistency in the application of the law by lower courts, or a combination of these and/or other objectives? Does the highest court conduct fact-finding proceedings or does it only perform appellate review?

3 14:15 Coffee Break 14:45 Comments What distinguishes cases that come to the highest court from those that do not? How does the highest court exercise its discretion (to the extent it has any) to take or reject petitions for review? What is the scope of judicial review? Can the highest courts (on their own or on the motion of a party) consult another court, for example a lower court, a component state high court in a federal system, or an international court, in the course of their proceedings? Who has standing to bring a case to the highest court? Is the highest court underused or overloaded, and, if so, what are the strategies for improvement or reform? 15:15 General Discussion 16:30 End of Session 19:00 - Dinner hosted by The Constitutional Court of Turkey 21:00 To Be Determined Ramada Plaza Hotel Friday, May 22 9:00 Session Three Judicial Independence and Outside Influence 9:45 Comments Moderator: Daniel A. Crane Commentator: Timothy Dickinson Deputy Chief Justice Adel Omar Sherif, Supreme Constitutional Court, Egypt Former Chief Justice Tassaduq Hussain Jillani, Supreme Court of Pakistan Chancellor Carl Singh, Supreme Court of Guyana This panel will go beyond the formal boundaries of judicial appointment and judicial tenure to examine various forms of influence that may affect the independence of the judiciary. Panelists will explore the following questions: Is the parties access to judges limited to the public courtroom, conferences in which the opposing parties are present, and the filing of briefs to which opposing parties may respond? What kind of access do interest groups have to judges outside the formal process of adjudication? What role do non-parties to a case play in the process of adjudication? What rules govern judges extra-judicial employment or compensation? What are the rules governing recusal in cases of conflicts of interest? To what extent are codes of conduct and ethics rules applicable to a judge s family? Who monitors compliance with codes of conduct and ethics rules, and by what means? Are judicial salaries competitive with salaries earned in comparably high-level government service or in private practice?

4 9:55 General Discussion 10:30 Coffee Break 11:00 General Discussion Continues 12:00 Lunch 13:30 Session Four The War on Terror and the Rule of Law 14:15 Comments Moderator: Daniel Halberstam Commentator: Julian Mortenson Supreme Court of Mauritania.. 14:25 Coffee Break This Panel will explore the challenges that the so-called global war on terror poses to the preservation of the rule of law and judicial independence. In particular, panelists will examine the following questions: Are the judicially protected rights of terrorism suspects different from those of ordinary criminal suspects in regards to investigation, pre-trial detention, trial, and/or punishment? To what extent are terrorism suspects treated differently from prisoners of war? Does the judiciary generally grant the government special deference in civil antiterrorism measures, as compared to civil measures that combat other unlawful behavior? Does the law specifically define terrorism, terrorism suspects or similar concepts, and how broad are these definitions? Has the war-on-terror led courts to reconsider or revise basic rights,, either in the formulation of those rights or in their general application? 15:00 General Discussion 16:30 Concluding Remarks Judge Daniel A. Crane Frederick P. Furth 17:00 End of Session

5 19:00 - Dinner hosted by the Furth Family Foundation 21:00 To Be Determined Saturday, May 23 10:00 Tour Sponsored by the Furth Family Foundation