Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-t7czq Total loading time: 0 Render date: 2024-11-25T19:07:34.981Z Has data issue: false hasContentIssue false

8 - Debating the Amendment-Making Rule: The Rigidity vs. Flexibility Debate in the Turkish Constitution-Making Process

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
Get access

Summary

This chapter analyzes the drafting process of the constitutional amendment rule ‘Art. 146’ in the Constitutional Conciliation Commission ‘Anayasa Uzlaşma Komisyonu, AUK’ from 2011 to 2013. Examining the party proposals for the amendment-making rule and the minutes of the debates, the chapter illustrates that party proposals for Article 146 varied greatly with regard to the degree of flexibility and rigidity. In the end, the draft article produced was more flexible than the most rigid proposal and more rigid than the most flexible proposal. It largely reiterated the amendment-making rule of the 1982 Constitution after amendment in 1987. Despite the availability and active involvement of constitutional law experts who provided theoretical grounding to the arguments advanced by the AUK members, the debate surrounding the formulation of the amendment-making rule was dominated by future concerns and past disappointments. The fact that amendment making has been used in the past to impose changes to the political system and constitutional structure and the fear that amendment making could be used for power centralization and contribute to autocratization prevented full consensus.

Type
Chapter
Information
The Failure of Popular Constitution Making in Turkey
Regressing Towards Constitutional Autocracy
, pp. 249 - 281
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×