The Influence of the Belgian Constitution on Ottoman Constitutional Law
The Belgian Constitution of 1831 is one of the constitutions that set an example during the preparation process of Ottoman constitutional law. The most important reason for this was the spirit of the Belgian Constitution, which brought together the monarch, parliament, and executive branch. Despite...
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Istanbul University Press
2024-05-01
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| Series: | Annales de la Faculté de Droit d’Istanbul |
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| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/E3DDAD2DA51C4070A8E20160D3F47550 |
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| author | Mehmet Akad |
| author_facet | Mehmet Akad |
| author_sort | Mehmet Akad |
| collection | DOAJ |
| description | The Belgian Constitution of 1831 is one of the constitutions that set an example during the preparation process of Ottoman constitutional law. The most important reason for this was the spirit of the Belgian Constitution, which brought together the monarch, parliament, and executive branch. Despite being inspired by the Belgian Constitution, Ottoman constitutional law was significantly different. The main objective of this study is to identify the similarities and differences between the two documents and to understand the spirit of Ottoman constitutional law. Therefore, to clarify the differences between documents, a comparative method is adopted primarily centered on articles that organize the structure and authority of the monarch and legislative and executive bodies. The main differences can be observed in the relationship among these three bodies. When the necessary provisions are compared, Ottoman constitutional law lacks specific provisions that might allow the development of equitable harmony between the monarch, parliament, and cabinet. More precisely, Ottoman constitutional law did not have the foundations for limiting the sultan’s power and creating a balanced division of power among the three bodies. Consequently, despite their similarities, Ottoman constitutional law lacks certain elements that allow it to be called a constitution; therefore, it is instead referred to as a constitutional charter. |
| format | Article |
| id | doaj-art-76d29e87af734f779d50c1cc2fb11747 |
| institution | OA Journals |
| issn | 0578-9745 2687-4113 |
| language | deu |
| publishDate | 2024-05-01 |
| publisher | Istanbul University Press |
| record_format | Article |
| series | Annales de la Faculté de Droit d’Istanbul |
| spelling | doaj-art-76d29e87af734f779d50c1cc2fb117472025-08-20T02:27:53ZdeuIstanbul University PressAnnales de la Faculté de Droit d’Istanbul0578-97452687-41132024-05-0174617310.26650/annales.2024.74.0004123456The Influence of the Belgian Constitution on Ottoman Constitutional LawMehmet Akad0https://orcid.org/0000-0003-4568-5413Kadir Has Üniversitesi, Istanbul, TurkiyeThe Belgian Constitution of 1831 is one of the constitutions that set an example during the preparation process of Ottoman constitutional law. The most important reason for this was the spirit of the Belgian Constitution, which brought together the monarch, parliament, and executive branch. Despite being inspired by the Belgian Constitution, Ottoman constitutional law was significantly different. The main objective of this study is to identify the similarities and differences between the two documents and to understand the spirit of Ottoman constitutional law. Therefore, to clarify the differences between documents, a comparative method is adopted primarily centered on articles that organize the structure and authority of the monarch and legislative and executive bodies. The main differences can be observed in the relationship among these three bodies. When the necessary provisions are compared, Ottoman constitutional law lacks specific provisions that might allow the development of equitable harmony between the monarch, parliament, and cabinet. More precisely, Ottoman constitutional law did not have the foundations for limiting the sultan’s power and creating a balanced division of power among the three bodies. Consequently, despite their similarities, Ottoman constitutional law lacks certain elements that allow it to be called a constitution; therefore, it is instead referred to as a constitutional charter.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/E3DDAD2DA51C4070A8E20160D3F47550belgian constitution of 1831ottoman constitutional lawottoman constitution of 1876responsibility of the head of stateseparation of powers |
| spellingShingle | Mehmet Akad The Influence of the Belgian Constitution on Ottoman Constitutional Law Annales de la Faculté de Droit d’Istanbul belgian constitution of 1831 ottoman constitutional law ottoman constitution of 1876 responsibility of the head of state separation of powers |
| title | The Influence of the Belgian Constitution on Ottoman Constitutional Law |
| title_full | The Influence of the Belgian Constitution on Ottoman Constitutional Law |
| title_fullStr | The Influence of the Belgian Constitution on Ottoman Constitutional Law |
| title_full_unstemmed | The Influence of the Belgian Constitution on Ottoman Constitutional Law |
| title_short | The Influence of the Belgian Constitution on Ottoman Constitutional Law |
| title_sort | influence of the belgian constitution on ottoman constitutional law |
| topic | belgian constitution of 1831 ottoman constitutional law ottoman constitution of 1876 responsibility of the head of state separation of powers |
| url | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/E3DDAD2DA51C4070A8E20160D3F47550 |
| work_keys_str_mv | AT mehmetakad theinfluenceofthebelgianconstitutiononottomanconstitutionallaw AT mehmetakad influenceofthebelgianconstitutiononottomanconstitutionallaw |