2017

Abstract: Thisstudy examines the political and constitutional upheavals that have taken place in Turkey since July 15, 2016. Following the declaration of a state of emergency to restore public order disrupted by the attempted military coup, a constitutional amendment was enacted under exceptional circumstances, aimed at abolishing the parliamentary system. In this article, the author first analyzes the state of emergency proclaimed within the framework of the Constitution and the European Convention on Human Rights. Subsequently, the radical amendment to the Constitution is examined with regard to the continuity of the constitutional order—from a temporal and procedural perspective, as well as in relation to the requirements of the rule of law. The author asks whether the “new order” is sustainable within a political system conceived as a rule-of-law state based on human rights.

Keywords: state of emergency, core rights, abusive constitutionalism, constitutional distortion and deconstitutionalization, constitutional fetishism, suspension of human rights, core human rights, legal remedies, parliamentary system, presidentialization of the system