An unconstitutional constitutional amendment-The Turkish perspective: A comment on the Turkish Constitutional Court's headscarf decision


Roznai Y., Yolcu S.

ICON-INTERNATIONAL JOURNAL OF CONSTITUTIONAL LAW, vol.10, no.1, pp.175-207, 2012 (SSCI) identifier identifier

Abstract

The authors accept the Constitutional Court's conclusion that parliament's amendment power is distinct from the original constituent power and therefore limited. However, the authors assert that the Constitutional Court's competence to review constitutional amendments is restricted to a procedural review. Lastly, the authors claim there was no justification for annulling the amendments because they did not infringe on the constitutionally enshrined principle of state's secularism.