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EssaysLiberal Democracy in Question

Ten Theses on Constitutional Change in Turkey

1. This, the current Constitution of the Republic of Turkey is no longer the same constitution, the Constitution of 1982. Yes, even partial, but sequential or re-iterated rounds of amendment can produce a new constitutional regime or material constitution. This is what happened in Turkey through amendment rounds in 1987, 1995, 2001, and 2004. It was under European pressure in the first decade of the 21st century that the demand for formal constitutional replacement was adopted by Turkish political actors, supposedly in the place of the method of sequential amendments. Was the idea of an entirely new, civilian constitution wrong? No, for two reasons. The first is the problem of legitimacy, caused by tainted origins. This problem undermines the necessarily preservationist review function of the Constitutional Court. The second is the problem of freezing. Some features of constitutions, though formally changeable, are never sufficiently altered in reform, because incumbents significantly benefit from them.

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