The 1921 Constitution and Beyond: Any Inspiration After 100 Years?
The 1921 Constitution has mostly been considered as a unique piece of legal document in Turkish Legal History with regard to the time it was written, the conditions under it was created, the necessity it touched and the era it changed. The 1921 Constitution had been assessed by scholars, bureaucrats...
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| Format: | Article |
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Istanbul University Press
2022-12-01
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| Series: | Annales de la Faculté de Droit d’Istanbul |
| Subjects: | |
| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/C8F02AF250A34941A04AABB2368443D7 |
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| _version_ | 1849315673224773632 |
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| author | Nilay Arat Aslı Topukçu |
| author_facet | Nilay Arat Aslı Topukçu |
| author_sort | Nilay Arat |
| collection | DOAJ |
| description | The 1921 Constitution has mostly been considered as a unique piece of legal document in Turkish Legal History with regard to the time it was written, the conditions under it was created, the necessity it touched and the era it changed. The 1921 Constitution had been assessed by scholars, bureaucrats, politicians and lawyers in different times from distinct perspectives. It has got special attention lately as regards to the discussions on constitution-making processes. Even after 100 years, many of its features inspire today’s constitutional discussions as the 1921 Constitution touches even today’s sociological, political and legal needs. In this context, this paper aims to assess the 1921 Constitution first by pointing out the unique features; then, gives try to answer a question posed whether the 1921 Constitution is a constitution itself, or not. This trial is done under the double constitution period discussions and by pulling out the deficiencies of the 1921 Constitution. Subsequently, the box of inspirational touches of the 1921 Constitution to 100 years beyond is opened. In that sense, it has been found that the understanding of sovereignty that brings it down to its origin “earth/humankind”, the idea of local democracy and the vision on fundamental rights and freedoms that open the door to modern understanding of rights on this part of the world, could be drawn/inherited for today’s constitutional making processes. |
| format | Article |
| id | doaj-art-4df2f3b1a89e45eca3e812c052cd79ec |
| institution | Kabale University |
| issn | 0578-9745 2687-4113 |
| language | deu |
| publishDate | 2022-12-01 |
| publisher | Istanbul University Press |
| record_format | Article |
| series | Annales de la Faculté de Droit d’Istanbul |
| spelling | doaj-art-4df2f3b1a89e45eca3e812c052cd79ec2025-08-20T03:52:04ZdeuIstanbul University PressAnnales de la Faculté de Droit d’Istanbul0578-97452687-41132022-12-0171273910.26650/annales.2022.71.0006123456The 1921 Constitution and Beyond: Any Inspiration After 100 Years?Nilay Arat0https://orcid.org/0000-0002-8625-054XAslı Topukçu1https://orcid.org/0000-0002-5156-9569Kadir Has Üniversitesi, Istanbul, TurkiyeKadir Has Üniversitesi, Istanbul, TurkiyeThe 1921 Constitution has mostly been considered as a unique piece of legal document in Turkish Legal History with regard to the time it was written, the conditions under it was created, the necessity it touched and the era it changed. The 1921 Constitution had been assessed by scholars, bureaucrats, politicians and lawyers in different times from distinct perspectives. It has got special attention lately as regards to the discussions on constitution-making processes. Even after 100 years, many of its features inspire today’s constitutional discussions as the 1921 Constitution touches even today’s sociological, political and legal needs. In this context, this paper aims to assess the 1921 Constitution first by pointing out the unique features; then, gives try to answer a question posed whether the 1921 Constitution is a constitution itself, or not. This trial is done under the double constitution period discussions and by pulling out the deficiencies of the 1921 Constitution. Subsequently, the box of inspirational touches of the 1921 Constitution to 100 years beyond is opened. In that sense, it has been found that the understanding of sovereignty that brings it down to its origin “earth/humankind”, the idea of local democracy and the vision on fundamental rights and freedoms that open the door to modern understanding of rights on this part of the world, could be drawn/inherited for today’s constitutional making processes.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/C8F02AF250A34941A04AABB2368443D71921 constitutioncentenary of 1921 constitutiondouble constitution periodturkish constitutional history |
| spellingShingle | Nilay Arat Aslı Topukçu The 1921 Constitution and Beyond: Any Inspiration After 100 Years? Annales de la Faculté de Droit d’Istanbul 1921 constitution centenary of 1921 constitution double constitution period turkish constitutional history |
| title | The 1921 Constitution and Beyond: Any Inspiration After 100 Years? |
| title_full | The 1921 Constitution and Beyond: Any Inspiration After 100 Years? |
| title_fullStr | The 1921 Constitution and Beyond: Any Inspiration After 100 Years? |
| title_full_unstemmed | The 1921 Constitution and Beyond: Any Inspiration After 100 Years? |
| title_short | The 1921 Constitution and Beyond: Any Inspiration After 100 Years? |
| title_sort | 1921 constitution and beyond any inspiration after 100 years |
| topic | 1921 constitution centenary of 1921 constitution double constitution period turkish constitutional history |
| url | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/C8F02AF250A34941A04AABB2368443D7 |
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