TY  - JOUR
TT  - An Analysis of Constituent Power, Constituent Assembly and Referendum Concepts around the New Constitution Discussions
AU  - Nohutçu, Ahmet
AU  - Bektaş, Mücahit
PY  - 2017
DA  - March
DO  - 10.14782/sbd.2017.46
JF  - Marmara Üniversitesi Siyasal Bilimler Dergisi
PB  - Marmara University
WT  - DergiPark
SN  - 2147-6934
SP  - 1
EP  - 23
VL  - 5
IS  - 1
KW  - Kurucu iktidar
KW  - Kurucu meclis
KW  - Anayasa
KW  - Referandum
KW  - Demokrasi
N2  - Debates about “constituent power”, “constituent assembly” and “referendum”, which have emerged anddeveloped in continental Europe and Anglo-Saxon countries, revolves around political theory beyondpure and restrictive understanding of law. Meaning self-governance of people, democracy, regardsconstituent power, or sovereignty, as residing within people. Contrary to general understanding,however, discussions in Turkey ignore the political aspect of constitutional law, thus turn into a tutelageapproach underlined by anti-democratic and status quo favoring features. Even some jurists supportedthis view which is held by self-appointed guardians of founding principles and tutelage favoringelites. These elites try to present all constitutional arrangements as illegitimate including creation ofa new constitution via democratic means in accordance with demands of the people. Nevertheless, itis forgotten that through referendum, particularly, and other democratic channels, the solidificationof phenomenon of power, which is an abstract term, with representatives of people is one of thefundamental components of democracy.In this respect, it is concluded that as a legal document designating state’s legal status and a foundingpolitical document designating essential organs of state and the relations between them, constitutionis not only a product of extraordinary and extrajudicial settings, a new constitution can be created viademocratic and peaceful means too and this way is more legitimate than the former in terms of beingdemocratic.
UR  - https://doi.org/10.14782/sbd.2017.46
L1  - https://dergipark.org.tr/en/download/article-file/284478
ER  -