2017

İbrahim Ö. KABOĞLU, Turkey: the suppression of the parliamentary regime in the state of emergency (Preliminary remarks upon the emergency state “approuved” in the national referendum in April 16, 2017)

Abstract: This paper discusses the politico‑constitutional upheavals that took place in Turkey since 15 July 2016. While a state of emergency has been proclaimed to restore the public order disturbed by the attempted military coup, a constitutional modification, addressed to remove the parliamentary system, has been adopted under exceptional circumstances. The first question we considered in this paper is the constitutional practice of the state of emergency proclaimed, both in the perspective of the binding Constitution and the European Convention on Human Rights. Secondly, we analysed the constitutional modifications, which appear very radical with respect to the continuity of the constitutional order, with respect to the time dimension of its effects, to the procedure adopted and the requirements of the rule of law. We finally asked ourselves whether such new order! is sustainable in a political organization conceived as a democratic State based on the rule of law and the respect of human rights.

Key words: state of emergency, the core of rights, abusive constitutionalism, constitu­tio­nal disinformation and de‑constitutionalizing, constitutional fetishism, suspension of human rights, the core of human rights, parliamentary system, presidential transformation of the regime


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