Turquie : suppression du régime parlementaire sous l’état d’urgence - Des remarques préliminaires sur la modification constitutionnelle “approuvée” par le référendum du 16 Avril 2017

The populist wave: from Brexit to Trump to the heart of Europe

Abstract

This paper discusses the politico-constitutional upheavals that took place in Turkey since 15 July 2016. While a state of emergency has been proclaimed to restore the public order disturbed by the attempted military coup, a constitutional modification, addressed to remove the parliamentary system, has been adopted under exceptional circumstances. The first question we considered in this paper is the constitutional practice of the state of emergency proclaimed, both in the perspective of the binding Constitution and the European Convention on Human Rights. Secondly, we analysed the constitutional modifications, which appear very radical with respect to the continuity of the constitutional order, with respect to the time dimension of its effects, to the procedure adopted and the requirements of the rule of law. We finally asked ourselves whether such “new order”! is sustainable in a political organization conceived as a democratic State based on the rule of law and the respect of human rights