Journal Name:
- Annales de la Faculté de Droit d’Istanbul
Author Name | University of Author | Faculty of Author |
---|---|---|
Abstract (2. Language):
Designing, adopting and implementing a new liberal democratic
constitution focused on the rights of the individual, pose a formidable
challenge to Turkey. Virtually all non-governmental organizations, political
parties and legal scholars have criticized the Constitution of 1982
as a reflection of an authoritarian and statist spirit, largely as a result
of the very process by which the constitution was made and adopted.
The question then arises as to why all subsequent efforts to make and
adopt a new constitution have failed. Focusing on only the content and
context of a new constitution, rather than also emphasizing a democratic
constitution-making process, ignores a significant principle of modern
constitution-making. We therefore come to the question of what possible
solutions may be applicable to Turkey’s dilemma. Designing,
adopting, and successfully implementing a new democratic constitution
require transparency and a comprehensive consensus, which can only be
achieved through an inclusive process that is suitable to Turkey’s circumstances
and the core values of Turkish society.
I will begin by examining Turkey’s experience with the constitutionmaking
process, giving a brief background on the constitutional debate
in Turkey and mentioning some of the most important features that appear
to have had an effect on the process of its creation. I will then analyze
the main constitutional-making systems in the world. Ultimately, I am not going to give a magical solution regarding which system would be
suitable to Turkey’s circumstances. Instead, I will argue that even though
there is no set prototype for the structural design of a new constitution,
there are principles that should be followed in order to maintain a democratic
constitution-making process.
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FULL TEXT (PDF):
- 58
119-135