Making and Amending of Constitutions: Comparative and Rule of Law Perspectives on Turkey’s Constitutional Reform

Abstract

Turkey is on the cusp of an historic occasion, the creation of a new constitution in the context of a democratic environment. This is an exciting and important moment in history for Turkey. As the process of making a new constitution, or amending the old one, moves forward, the author shares his perspective as a foreign law professor interested in the rule of law. Constitutional reform is a tremendous opportunity to support and advance the rule of law in Turkey. To promote the rule of law culture, the process should be as inclusive as possible of all citizens and minority groups, and the rights of individual citizens and those of minority groups should be protected by provisions of the new constitution. This article begins with a brief description of a rule of law framework for assessing constitutional changes, and then applies that framework to some of the more difficult issues being faced by Turkey.