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TR
Reading the Works of the TBMM Constitutional Reconciliation Commission through Deliberative Democracy
Abstract
Constitutions, on one hand, are basic legal documents that show the basic organs of the state that have the monopoly on the legitimate use of force, regulate the relations of these organs with each other, and limit the power by legal rules. On the other hand, they are the greatest guarantee individuals have for protecting fundamental rights and freedoms. The issue of who and how constitutions were prepared, which has an important place in the functioning of social life, is also critical regarding legitimacy. Although legitimacy is an issue inherent in the political field, the goal of political power is to govern, and the goal of the society it targets is to continue its life in a system that does not harm its rights and freedoms. Therefore, the ruler and the ruled can only achieve their goals if they come together around a common consensus. While this consensus reveals the legitimacy of constitutions, this legitimacy depends on social consensus, as well as guaranteeing fundamental rights and freedoms most broadly, and being able to accept rights and freedoms as fundamental and duties and responsibilities as exceptions. Before the 2011 general elections in Turkey, the need for a new constitution was expressed in the election manifestos of almost all political parties and it was declared that the process would begin immediately after the elections. Indeed, after the 24th Term TBMM General Elections, a constitutional reconciliation commission was formed with the participation of all political parties in the parliament and the work on the new constitution-making process began. In this study, the works of the GNAT Constitutional Reconciliation Commission (2011-2013) were evaluated based on the basic principles of deliberative democracy. It was concluded that deliberative democracy was followed in the sub-theme of equality and participation, but there were deficiencies in the sub-themes of transparency, negotiation and compromise, empathy and tolerance.
Keywords
References
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Details
Primary Language
Turkish
Subjects
Public Administration , Policy and Administration (Other)
Journal Section
Research Article
Authors
Early Pub Date
October 28, 2024
Publication Date
October 30, 2024
Submission Date
July 16, 2024
Acceptance Date
August 16, 2024
Published in Issue
Year 1970 Volume: 25 Number: 4