Cookies?
Library Header Image
LSE Research Online LSE Library Services

An unconstitutional constitutional amendment - the Turkish perspective: a comment on the Turkish Constitutional Court's headscarf decision

Roznai, Yaniv and Yolcu, S. (2012) An unconstitutional constitutional amendment - the Turkish perspective: a comment on the Turkish Constitutional Court's headscarf decision. International Journal of Constitutional Law, 10 (1). pp. 175-207. ISSN 1474-2640

Full text not available from this repository.

Abstract

In June 2008, the Turkish Constitutional Court annulled amendments to the Constitution regarding the principle of equality and the right to education, which had been enacted by parliament in order to abolish the headscarf ban in universities. In an important and controversial decision, the Constitutional Court ruled that the amendments were unconstitutional because they infringed on the constitutional provision mandating a secular state. In this paper, the authors set forth the historical and legal background to the Turkish Constitutional Court headscarf case, review the facts and decision of the case, and analyze it. The authors accept the Constitutional Court's conclusion that parliament's amendment power is distinct from the original constituent power and therefore limited. However, the authors assert that the Constitutional Court's competence to review constitutional amendments is restricted to a procedural review. Lastly, the authors claim there was no justification for annulling the amendments because they did not infringe on the constitutionally enshrined principle of state's secularism.

Item Type: Article
Official URL: http://icon.oxfordjournals.org/content/current
Additional Information: © 2012 The Author. Oxford University Press and New York University School of Law. All rights reserved.
Library of Congress subject classification: B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc
D History General and Old World > DS Asia
K Law > K Law (General)
Rights: http://www.lse.ac.uk/library/usingTheLibrary/academicSupport/OA/depositYourResearch.aspx
Date Deposited: 16 May 2012 13:49
URL: http://eprints.lse.ac.uk/43638/

Actions (login required)

Record administration - authorised staff only Record administration - authorised staff only