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An analytical report on the amendments tabled by the Turkish Grand National Assembly of the 1982 Constitution in Turkey, written by 13 Constitutional lawyers and three Political Scientists, who are also students of Turkish politics and law.
Although Turkey has largely maintained the constitutional tradition inherited from the Ottomans, and has been ruled by the parliamentary system since its establish- ment, in 1923, the Justice and Development Party (Adalet ve Kalkınma Partisi – AKP), which is one of the most controversial political structures in Turkish political history, has changed the accustomed system into a Turkish type of presidential one. Furthermore, this important decision was taken in a plebiscite held under state of emergency conditions, after the failed coup attempt and in an authoritarian political atmosphere that has been gradually increasing for more than half a decade. In this regard, this article explains two major points; the constitutional history of contempo- rary Turkey with its Ottoman background, and the AKP’s political journey that is a swing from hope to oppression. Yet, additionally, the article clarifies the minutiae of the amended constitution which are related to human rights and liberties. Lastly, it argues that the proposed constitution will neither reveal a new system, nor will it constitute a democratic socio-political environment and an advanced human rights constitution.
Legal Hukuk Dergisi
Constitutional Change in Turkey: Is A New Amendment Necessary?2021 •
Governmental systems that constitute the structure of political systems are one of the most controversial issues of the political agenda. The parliamentary system, which has an unsuccessful history, including Turkey, forced many countries to seek new systems. Excluding the 1921 and 1924 Constitutions, Turkey had a parliamentary government system since the 1876 Constitution. The inability of the parliamentary system to solve some crisis of regime and to overcome political problems caused to come to an agenda of new options such as presidential/semipresidential system. Reinforcement of executive power is being opted as an instrument of transition from parliamentary to presidential system, and a sui generis parliamentary system model was being created by deri-H Hakem denetiminden geçmiştir.
The I·CONnect-Clough Center 2016 Global Review of Constitutional Law
DEVELOPMENTS IN TURKISH CONSTITUTIONAL LAW2017 •
In the beginning of this century, Turkey was a candidate of being a member of European Union. In the name of harmonization, in 2001 and 2004, many laws and some important parts of the 1982 Constitution, which was written and enacted after the military intervention, have been amended, changed or annulled . AKP (Adalet ve Kalkınma Partisi – Justice and Development Party), a brand-new party which has emerged from the ashes of Islamic rooted RP (Refah Partisi – Welfare Party), with an agenda which pretended to combine on the one hand a modern, liberal Islam which is respectful to human rights and democracy and on the other hand modernization and opening to the global economy, took power just between these two important amendments. Under the charismatic leadership of Recep Tayyip Erdoğan, the party followed a “Muslim democratic” agenda like their Christian counterparts in Europe until 2008. But since then, this agenda’s “democratic” part started to be forgotten or ignored day by day and AKP intended to become a more centralized and authoritarian government. The Gezi uprising in May-June of 2013 against the authoritarian politics of the government, the judicial operations against some ministers and their sons with the corruption allegations, which are described as a coup of Fethullah Gülen Terror Organization (once an ally) by AKP Government in December of the same year, the temporary loss of power in general election of June 2015 and, as a result, the collapse of the peace talks with Kurds in 2015 had strengthened the governmental oppression in Turkey. 2016, especially after the failed coup attempt in the middle of it, was a year shaped by the extended power of the executive organs and the political split. Of course, the Constitutional Court of Turkey has been affected also by this extension and split. The influence of the President on the Constitutional Court has been always a problem in Turkey. The Constitution of 1982, which created a more powerful presidency than in a normal parliamentarian system, accepted this organ as a trustable, independent, impartial and “supra-political” referee and gave to the president to appoint, after some filtrations, all the constitutional judges. But the reality has not been in conformity with the theory and presidents’ choices have always been criticized of being politically motivated instead of being by judicial competences and merits. This critic is naturally valid also for the presidency of Erdoğan.
New Zealand Journal of Research on Europe 12(1)
The 2017 Turkish Constitutional Referendum: Domestic and Transnational Implications2018 •
On 16 April 2017, Turks cast their vote in a nationwide referendum that introduced significant changes to the current constitution, which has been in use since 1982. Even though the 1982 constitution has been amended 18 times in the past 35 years, the scheduled changes will have the most dramatic impact on the Turkish political system. This article will first provide an overview of the proposed amendments to the 1982 constitution. It will then discuss the repercussions of the referendum results for Turkey and the rest of Europe.
DergiPark (Istanbul University)
From Candidacy to Negotiations: Amendments in the Constitution of Republic of Turkey2015 •
On 16 April the citizens of Turkey voted in a national referendum to amend the constitution. This will lead to a radical strengthening of the president's power. 51.4% of the voters backed the amendments. They will come into force after the next presidential and parliamentary election (scheduled for 2019). The amendments are an important step in the thorough reconstruction of the Republic of Turkey which began in 2002. They will strengthen the position of Recep Tayyip Erdoğan in legal terms, and – with all the controversies that entails – will adjust the legal status to the situation on the ground. The outcome of the referendum helps to temporarily stabilise the internal situation in Turkey and allows the country to be more active on the international arena; this includes making another attempt to thoroughly revise its relations with the EU. However, the amendment of the constitution is of a technical nature and is a means rather than an end in the process of building a New Turkey. Thus the calming of the situation in Turkey is temporary.
American International Journal of Contemporary Research
2011 GENERAL ELECTIONS IN TURKEY AND THE PROBLEM OF NEW CONSTITUTIONJune 12, 2011 general elections in Turkey led to unforeseen composition of the new Parliament (Turkish Grand National Assembly-TGNA-). Despite the threshold-% 10-that cannot be seen in any other states in the world, new TGNA represents the % 96 proportion of the population in Turkey. This presentence of representation is an opportunity for new and communal constitution which has been required last three decades. This article explores the difficulties and problems on the way of making new constitution for Turkish Grand National Assembly that is consisted of general election in 2011. Furthermore, this study tries to address solution suggestions aforesaid and determines road map for the new constitution of Turkey.
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