Anayasa Değiştirme İktidarının Sınırlılığı ve Meşruluğu

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The powers that write constitutions from the very beginning are the constitution-making powers. It is not possible to make a new constitution when there is a constitutional order and an existing constitution. Especially the new constitution discussions that have been on the agenda frequently lately do not seem possible since the continuation of the existing constitution is in question. During an existing constitution and constitutional order, the constitution may undergo partial or complete changes. A complete change may have been permitted in a constitutional text and this authority may have been used by the amending power. This situation cannot be considered a new constitution under all circumstances. What is important here is the purpose and intention of the amending power in making the change. If this change in question is not made with the aim of establishing a new constitutional order, it is nothing more than the use of the amending power. However, if it is made with the aim of establishing a new constitutional order, the limit of the amending power will be exceeded and the amending power will attempt to transform into the constitution-making power. Considering that the amending power is a limited constitutional authority originating from the constitution, the change it will make should not create a new constitutional order and constitution. Within the scope of the study, the issue of the authority of the constitutional amendment power being a constitutional and limited authority will be discussed. The necessity and legitimacy of the limitation of the constitutional amendment power in terms of the constitution-making power being a constituent authority and the continuation of the constitutional order it has established will be examined. Keywords: Constitutional amendment, constituent power, limitations of the constitutional amendment power