Gender of the Constituent Power of the Turkish Constitution of 1921

Gender of the Constituent Power of the Turkish Constitution of 1921

Zülfiye YILMAZ & Barış BAHÇECI

According to the mainstream narrative in the scholarly debate in Turkey, the Turkish Constitution of 1921 envisaged a secular, modern and consequently more democratic social order through the abolition of the monarchy and the caliphate. The strong legitimacy of the Turkish Grand National Assembly (TGNA)…

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The Meaning and Significance of the Grand National Assembly According to the Turkish Constitution of 1921

The Meaning and Significance of the Grand National Assembly According to the Turkish Constitution of 1921

Oğuzhan Bekir KESKIN

The Turkish War of Liberation (1919-1922) is unique in several senses. Probably the most important aspect of it is that it was fought under a constitutional government that was formed for that very purpose. The formation of the Grand National Assembly of Turkey (GNAT) in 1920 and the Constitution’s enactment in 1921 are the landmarks of this struggle…

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Does the Government System of the 1921 Constitution Qualify as an Assembly Government System? The Controversial Government System of the 1921 Constitution

Does the Government System of the 1921 Constitution Qualify as an Assembly Government System? The Controversial Government System of the 1921 Constitution

Mert DUYGUN & Işıl KURNAZ

Within the harsh conditions of the “National Liberation” period, 1919 – 1923, the Turkish Grand National Assembly (TGNA), calling itself “the only and true representative of the nation”, enacted the Constitution of 1921. The system of government prescribed in this Constitution was considered to be a conventional assembly government system…

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The First Big Constitutional Breakthrough in Ottoman-Turkish Constitutionalism: The 1921 Constitution

The First Big Constitutional Breakthrough in Ottoman-Turkish Constitutionalism: The 1921 Constitution

Demirhan Burak ÇELİK

The 1921 Constitution, adopted by the first Turkish Grand National Assembly (TGNA) on 20 January 1921, symbolizes the first big constitutional breakthrough in Ottoman-Turkish constitutionalism. From its chosen name to its very last provision, this constitution reflects a different approach in Turkey’s constitutional history…

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The Turkish Constitution of 1921: An Assessment of the “Double Constitution Period”

The Turkish Constitution of 1921: An Assessment of the “Double Constitution Period”

Nilay ARAT & Aslı TOPUKCU

One of the most significant characteristics of the 1921 Constitution period is the presumption among many that the 1876 Constitution (Kanun-i Esasi) remained in force. This blog post aims to set forth the reasons and various effects of the so-called “double-constitution period”, and criticize this presumption…

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Guest Editors’ Introduction: Symposium on the Centenary of 1921 Constitution: Hundred Years of Constitutional Transformation in Turkey

Guest Editors’ Introduction: Symposium on the Centenary of 1921 Constitution: Hundred Years of Constitutional Transformation in Turkey

Serkan YOLCU & Barış BAHÇECİ

On 20 January 2021, Turkey celebrated the hundredth anniversary of its 1921 Constitution (Teşkilat-ı Esasiye Kanunu). Among its several peculiarities, it was the first republican constitution of modern Turkey, enacted by the first Grand National Assembly of Turkey/GNAT…

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The Brazilian Federal Supreme Court as Guardian of the Ecosystem: An Emerging Framework for Ecological Justice

The Brazilian Federal Supreme Court as Guardian of the Ecosystem: An Emerging Framework for Ecological Justice

Manuellita HERMES

In 2020, many cases pertaining to environmental law were brought before the Brazilian Federal Supreme Court. Two landmark cases, in particular, remain pending. Initial procedural activities in these two constitutional cases suggest the emergence of a new paradigm for ecological justice in the country…

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Indigeneity, Race and the Australian Constitution: A Response to Professor James Allan’s Characterisation of the Majority Decision in Love; Thoms

Indigeneity, Race and the Australian Constitution: A Response to Professor James Allan’s Characterisation of the Majority Decision in Love; Thoms

Harry HOBBS

Disputes over citizenship, alienage and deportation focus attention on questions of membership and belonging, of ‘exclusion and inclusion’. These issues are challenging for all political communities. Still, they pose particular difficulties for settler states like Australia…

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Myanmar’s Military Coup D’état is Unconstitutional: How Should the International Community Respond?

Myanmar’s Military Coup D’état is Unconstitutional: How Should the International Community Respond?

Sujit CHOUDHRY and Asanga WELIKALA

Early on the morning of 1 February 2021, Myanmar’s military (the Tatmadaw) detained President Win Myint, the State Counsellor Aung San Suu Kyi, and other high-ranking government officials. The Tatmadaw declared that Tatmadaw-nominated First Vice-President Myint Swe was Acting President…

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The Debate on the Istanbul Convention in Turkey: A Populist Reinterpretation of the Principle of Gender Equality

The Debate on the Istanbul Convention in Turkey: A Populist Reinterpretation of the Principle of Gender Equality

Valentina Rita SCOTTI

Notwithstanding the State’s evident commitment at the moment of its ratification in 2012, the substance of the Istanbul Convention (IC) has been progressively challenged in Turkey. The IC, which aims to prevent and combat domestic violence and violence against women, includes fundamental definitions of controversial concepts…

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Implementation of the Istanbul Convention in the Shadow of Populism: The Case of Poland

Implementation of the Istanbul Convention in the Shadow of Populism: The Case of Poland

Katarzyna SĘKOWSKA-KOZŁOWSKA

The Council of Europe Convention on preventing and combating violence against women and domestic violence (hereafter: Istanbul Convention or Convention) was ratified by Poland in 2015, just a few months before the present ruling party – Prawo i Sprawiedliwość (Law and Justice) took power. The ratification of the Convention was “a farewell gift”…

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