In Turkish
constitutional law literature, the constitutive power has most commonly been
regarded as unpredictable, unknown, untested, unlimited and extra-legal. As
such, it has not been wholly elaborated, and has more often been ignored.
However, amongst the main problems of both constitutional theory and general
legal philosophy, there is also the concept of constitutive power. It is not
only a power which makes constitution, but at the same time is an essential
concept in examining how societies become a political body, govern themselves
and what the “raison d’être” and its limits are. Thus, in his book titled
Constitutive Power (The Material and The Efficient Causes of Constitution), O.
Vahdet İşsevenler, referring to the “Theory of Causes” as being addressed in
Socratic tradition, examines the nature of constitutive power, its properties
and function, and its relation to constitution from an onto-teleological
approach and argues for its dependence on “recognition”, asserting that the
constitutive power is in fact a kind of actualization and manifestation of some
probabilities and possibilities the political body has in itself potentially.
This review aims to introduce and to evaluate this work of İşsevenler.
Constitutive Power The Material Cause of Constitution The Efficient Cause of Constitution The Onto-Teleology of Constitution
Primary Language | Turkish |
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Journal Section | Kitap Değerlendirmesi |
Authors | |
Publication Date | December 20, 2019 |
Submission Date | October 20, 2019 |
Published in Issue | Year 2019 Issue: 10 |