Özet:

In Turkish constitutional law literature, the constitutive power has most commonly been regarded as unpredictable, unknown, untested, unlimited and extra-legal. As such, it has not been wholly elaborated, and has more often been ignored. However, amongst the main problems of both constitutional theory and general legal philosophy, there is also the concept of constitutive power. It is not only a power which makes constitution, but at the same time is an essential concept in examining how societies become a political body, govern themselves and what the “raison d’être” and its limits are. Thus, in his book titled Constitutive Power (The Material and The Efficient Causes of Constitution), O. Vahdet İşsevenler, referring to the “Theory of Causes” as being addressed in Socratic tradition, examines the nature of constitutive power, its properties and function, and its relation to constitution from an onto-teleological approach and argues for its dependence on “recognition”, asserting that the constitutive power is in fact a kind of actualization and manifestation of some probabilities and possibilities the political body has in itself potentially. This review aims to introduce and to evaluate this work of İşsevenler.  

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