مرکز منطقه ای اطلاع رساني علوم و فناوري

Abstract :

In this paper the procedure of constitutional amendment first of all will be discussed in the sense of quorum of proposals, ban of urgent discussion, quorum of acceptance and acceptance mechanisms of President. After the procedure of constitutional amendment is expressed in general, the main points to be discussed in the paper are powers of President about constitutional amendments in the sense of laws and the examination of judicial control of these laws. Laws about constitutional amendments begin with the mental thoughts of those who will make an proposal for constitutional amendment, which is the first stage of reflection of these laws towards outer world. Even at this point, it is no doubt that offerers would inspect these amendments straining from mental filter. It is clear that, upon the proposals of Constitutional amendments referred to Presidency of the Grand National Assembly of Turkey, president of the assembly will make a pre-inspection before referring to Commission. In this sense, as it is clearly stated by TBMM internal regulations, Commission should make an inspection on the amendment draft which is brought to Commission after being pre-inspected by the president of assembly. After the proposal of amendment which is decided to be discussed by the Commission is accepted in the Commission, it is referred to General Board of Grand National Assembly of Turkey. In the sense of special methods about the discussion of law on constitutional amendment in General Board; ban of urgent discussion, 48hour cooling off period and apart from these more qualified proposal compared to ordinary law in the sense of proposals of constitutional amendments and quorum’s being desired are important inspection stages which cannot be ignored. Considering all these, it is unacceptable to inspect the constitutional amendment which has become a law after quite serious inspection stages although it has been allowed to do pro-forma inspection only in limited occasion by Constitution of Turkish Republic. The procedure of constitutional amendment is set in 175th provision of Constitution, 93rd and 94th provisions of Internal Regulations of Grand National Assembly of Turkey. The process of constitutional amendment begins with 1/3 member of TBMM parliamentarian presenting the written and justified proposal to Speaker’s Office. President of the Assembly refers proposal of amendment to Constitution Commission. The amendment which is discussed and accepted in the Commission referred to General Board of Grand National Assembly of Turkey. In the General Board of TBMM first of all it is voted to discuss the entire draft about the constitutional amendment. For the acceptance of this, ordinary majority is adequate rather than qualified majority. In other words, in order to pass to the discussion of amendment proposal, it is not needed to find the adequate decision quorum desired for the acceptance of provision including constitutional amendment; it is adequate get the acceptance quorum of whole number of TBMM members not being less than one people more than the fourth of total number. After all these, discussion of provision starts. It is a must to have the acceptance of at least 3/5 whole number of TBMM numbers for the acceptance of a provision included in Constitution amendment. Different from ordinary law amendments; Constitutional amendments cannot be discussed urgently. Constitutional amendments shall be discussed in General Board two times and there must be 48 hours of interval between these two discussions in a sense of cool off period. The proposal of Constitution amendment which is accepted with the majority of TBMM General Board is in fact has the feature of law with this last memorandum. However in order for an amendment to enure other procedures shall be done as well. In this sense, the proposal of amendment which is accepted in TBMM is presented to President. The disposition of proposal text presented to President does not have the feature of acceptance in fact; it is rather the presentation of the first stage of results of amendment to judicial world.