Anayasa Değiştirme İktidarının Kötüye Kullanılmasını Önlemeye Yönelik Anayasa Değişikliği Usulünün Farklılaştırılması

Abstract

Constitution-making powers impose limitations on their power to amend the constitution in the constitutional texts they prepare. These limits are intended to prevent the differentiation or abolition of the basic philosophy of the constitution and the constitutional order established by the power to make the constitution. These limits, which are brought in order to prevent the constitutional amendment powers from making changes other than their purpose, are realized by further protecting the principles and values that are given special value in the constitutions of some countries and that constitute the basic philosophy of the constitution. In other words, some provisions that constitute the basic principles and values of the constitution are subject to a different amendment procedure compared to other provisions of the constitution. This differentiation procedure includes additional conditions such as a qualified majority, a referendum, or the passage of a certain period of time in the amendment process. In this study, the differentiated constitutional amendment procedure and whether these procedures have an effect on the abuse of constitutional amendment power have been examined. Keywords: Constitutional amendment power, constitutional amendment procedure, differentiated constitutional amendment procedure, abuse of constitutional amendment power.