The Failure of Popular Constitution Making in Turkey: Regressing Towards Constitutional Autocracy

ISBN-13: 9781108740180 / Angielski / Miękka / 2022 / 426 str.

Felix Petersen (Hebrew University of Jerusalem);Zeynep Yanaşmayan

Opis

This book offers an in-depth account of the failure of popular constitution making in Turkey from 2011 to 2013, which was an anomaly in the otherwise authoritarian history of Turkish constitutional politics. The authors demonstrate that, even in unfavorable conditions, constitution making that brings together different stakeholders can potentially lead to significant improvement of constitutional regimes. Long-standing societal divides regarding cultural and religious diversity, which were evident in political parties' negotiations, played a significant role in the failure of the process in Turkey. Most notably, the ruling AKP's insistence on establishing a presidential system - supported by neither other political parties nor the public - destabilized the process and exacerbated distrust among the drafters. Unfavorable procedures, particularly an unrealistic deadline and the unanimity principle, prevented consensus and allowed the AKP to hijack the process. The process was a missed opportunity for democratization before Turkey plunged into full-fledged democratic backsliding.

Spis treści

Part I. Introduction: Introduction Felix Petersen and Zeynep Yanasmayan; 1. Explaining the failure of popular constitution making in Turkey (2011–13) Felix Petersen and Zeynep Yanaşmayan; Part II. Contextualizing Constitution Making in Turkey: 2. The people and its embodiment: authoritarian foundations of constitutions in Turkey Ertuğ Tombuş; 3. Regime cycles, constitution making, and the political system question in Ottoman and Turkish constitutional developments Şule Özsoy Boyunsuz; 4. Illiberal media and popular constitution making in Turkey Burcu Baykurt; Part III. Debating and Drafting the Constitution in 2011–13; 5. Debating state organization principles in the constitutional Conciliation Commission Gözde Böcü and Felix Petersen; 6. Glass half full: drafting fundamental rights in the Turkish constitution-making process (2011–13) Oya Yegen and Zeynep Yanaşmayan; 7. Countermajoritarian institutions in Turkish constitution making Maria Abad Andrade; 8. Debating the amendment-making rule: the rigidity vs. flexibility debate in the Turkish constitution-making process Oya Yegen.