Türkiye Adalet Akademisi Dergisi

Öz

In the rapidly changing economic, social and political life, it is inevitable that the legal systems will not be affected by this situation. As a matter of fact, regulations, laws and even constitutional provisions are legal texts that amend for various purposes and through different legal processes, rather than being static. While the amendment of legal texts and the changing of economic, political and social life they regulate is a fact, it is quite interesting that a concept such as “eternity” stand out in the literature of law. Entrenchment clauses and eternity clauses are constitutional norms that constrain or sometimes completely prohibit the amendment of certain constitutional provisions, principles and values. As the principles and values protected by constitutions with such provisions are examined, it is seen that they are related to the most basic elements of state and society or universal rights such as democracy, representative government, republic, religion-state relationship, human rights. Purpose of using the clauses is to limit the practical power with restrictions, and to prevent the probable distortion or destruction of the basic elements of the state and regime with general prohibitions. Especially with the existence of eternity clauses, the abolition or modification of the relevant constitutional provisions, principles and values by legal means is prevented by the constituent power. These clauses, which are the subject of our study and are also included in many constitutions, are the limit of constitutional amendment, the stop lines of it in cliche terms. The concept of entrenchment and eternity clauses and their historical basis, legal character will be explained and their place in the constitutional judiciary will be discussed in our study.