Cumhuriyet’in İkinci Yüzyılında Anayasa Sorunsalı ve Aşma Yolları

Abstract…

The words “breaking” and “continuity” summarize the constitutional and political developments in the history of the Republic of Turkey. Despite breakings and interruptions, elements of continuity are evident. In this respect, the basic characteristics of the Republic are embodied in the definitions and concepts of “democratic and laic social state of law based on human rights”. In general, in the light of constitutionalism and constitutional science, the process of political alternation (political power changing hands through elections) comes to the fore. Political alternation is a key concept in terms of both democratic politics and democratic society and the history of the Republic. Namely, the first quarter of the Republic which saw no political alternation, as well as a similar situation being experienced in the last quarter. In what period? In a period when political parties were protected by the Constitution and the multi-party system was ingrained, and in a period when it was prohibited to change the nature of the “democratic state based on human rights”. The paths to political alternation are kept open to the extent of respect for the requirements of democratic politics and democratic society. However, the 2017 Constitutional amendment, which abolished the parliamentary regime and government, also eliminated the principle of political responsibility and constitutional checks and balances. The deep rupture with Turkey’s constitutional and political developments and traditions has made political alternation and thus the democratic process difficult. Since the “democratic state of law” requires a long-term political and social struggle, the responsibility of constitutionalists in exercising the constitutional right to information and creating constitutional public opinion is decisive for this purpose.…