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7 - Countermajoritarian Institutions in Turkish Constitution Making

from Part III - Debating and Drafting the Constitution in 2011–2013

Published online by Cambridge University Press:  19 December 2019

Felix Petersen
Affiliation:
Hebrew University of Jerusalem
Zeynep Yanaşmayan
Affiliation:
Max-Planck-Institut for Social Anthropology
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Summary

Countermajoritarian institutions have shaped the course of modern Turkish politics. Because they have mainly acted as institutions of military tutelage, they have been identified as one of the greatest obstacles to democratization. The most notable countermajoritarian institutions in Turkey are the Constitutional Court, the High Council of Judges and Prosecutors, the National Security Council, and the Council of Higher Education. This chapter analyzes the deliberations on possible reform to these institutions in the writing commission of the Constitutional Conciliation Commission ‘Anayasa Uzlama Komisyonu, AUK’ from 2011 to 2013. It shows that delegates agreed on some issues and were close to reaching agreement on others. Yet, the requirement of consensus among all parties enabled certain actors to obstruct final agreements. The partial agreements ultimately yielded no lasting results. After adoption of constitutional amendments in 2017, it seems that countermajoritarian institutions now function as institutions of partisan, executive tutelage.

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Chapter
Information
The Failure of Popular Constitution Making in Turkey
Regressing Towards Constitutional Autocracy
, pp. 218 - 248
Publisher: Cambridge University Press
Print publication year: 2020

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