Turquie: Suppression du regime parlementaire sous l’etat d’urgence (Des remarques préliminaires sur la modification constitutionnelle «approuvée» par le référendum du 16 Avril 2017)
Turkey: the Suppression of Parliamentary Regime under State of Emergency (Preliminary Remarks upon the State of Emergency “approved” through the National Referendum of the 16th of April 2017)

Summary/Abstract: This paper discusses the politico constitutional upheavals that took place in Turkey since the 15th of July 2016. While a state of emergency has been proclaimed to restore the public order disturbed by the attempted military coup, a constitutional modification, attempting to remove the parliamentary system, has been adopted under exceptional circumstances. The first question we considere in this paper is the constitutional practice of the state of emergency proclaimed, both in the perspective of the binding Constitution and the European Convention on Human Rights. Secondly, we analyse the constitutional modifications, which appear very radical with respect to the continuity of the constitutional order, with respect to the time dimension of its effects, to the procedure adopted and the requirements of the rule of law. We finally asked ourselves whether such “new order” is sustainable in a political organization conceived as a democratic State based on the rule of law and the respect of human rights.

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