1 research outputs found
Debating unamendability: deadlock in Turkey's constitution-making process
Constitutional Conciliation Commission (Anayasa Uzlaşma Komisyonu—AUK) of Turkey, established
after the 2011 general elections but called off after the commission could not overcome an impasse on a
number of issues, was nevertheless a significant step in Turkey’s constitutional development. One of the
issues that led to the deadlock in the commission was the issue of unamendable articles. A point of divide
among the four parties that made up the commission was whether the new constitution would maintain the
eternal clauses of the present constitution that entrench the republic form of the state, its characteristics,
and its language or whether it would not include any irrevocable articles. Except the republic’s first
constitution of 1921, the three constitutions of modern Turkey included unamendable constitutional
provisions, which had previously led to political and constitutional controversies. The subject of
unamendable articles was one of the last issues that the commission discussed before the 25 months of
enterprise was dissolved. This article traces the evolution of unamendable articles in Turkish constitutions,
examines the political parties’ proposals for the draft constitution aand analyzes the debates conducted within AUK. It concludes that members of the AUK held irreconcilable positions with respect to unamendability and unamendable articles, which contributed to the
breakdown of the negotiations