Constitutional Democracy through Referendum in Turkey? Cover Image
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Constitutional Democracy through Referendum in Turkey?
Constitutional Democracy through Referendum in Turkey?

Author(s): Kaboglu Ibrahim ö
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Universul Juridic
Keywords: state of emergency; referendum; constitutional revision; legitimacy; Turkey;

Summary/Abstract: The Constitution from 7th November 1982 has been modified, redesigned and revised numerous times from 1982 to 2017. From the procedural point of view, the modifications may be regrouped in two sections: those carried out by the compromise of the Parliament and those approved by the referendum. This distinction also broadly corresponds to the chronological aspect of the modifications: while the parliamentary compromise marked the first two decades (1987-2007), the constitutional referendum was the only choice of the governing party from the last decade (2007-2017). Could there be a correspondence between the followed procedure and the modification made from the content point of view? In other words, does the constitutional revision approved by the universal suffrage contribute more at the strengthening of the stop mechanisms and the constitutional equilibrium compared to the use of the constitutive authority derived from the representative body? A crossed approach seems entirely appropriate in order to clarify the constitutional order’s contradiction between the applied procedure and the changes made.

  • Issue Year: 2018
  • Issue No: 01
  • Page Range: 242-261
  • Page Count: 20
  • Language: English
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