Tarik Olcay

Contact
  • t.olcay.1@research.gla.ac.uk
PhD Topic

Constitutional Unamendability: An Evaluative Justification

Supervisors

Professor Emilios Christodoulidis
Professor Adam Tomkins

Tarik read law at Bilkent University. He also holds an LLM in Law and Economics from Bilkent, with a thesis on the constitutional economics doctrine. From 2010 to 2013, he worked as a research assistant in Constitutional Law at Bilkent University. He also worked as an adviser on constitutional law in the drafting of a new Turkish constitution at the Constitution Reconciliation Committee in the Turkish Parliament from 2011 to 2013. His doctoral research is on the limits of constitutional amendments. He teaches Jurisprudence at Glasgow and Public Law at the University of Dundee. His doctoral research looks at the justification of the limitations on constitutional amendment.

Natural law theories, the rule of law, comparative constitutional change, constitutional theory, judicial independence

  • Tutor in Jurisprudence (Glasgow)
  • Tutor in Public Law I (Dundee)
Publications

“The Formalist Resistance to Unconstitutional Constitutional Amendments” (forthcoming 2019) 70 Hastings Law Journal (with Richard Albert and Malkhaz Nakashidze)

(https://ssrn.com/abstract=3195059)

 “The Unamendability of Amendable Clauses: The Case of the Turkish Constitution” in Richard Albert & Bertil Emrah Oder (eds.), An Unamendable Constitution? Unamendability in Constitutional Democracies (Springer 2018) (doi:10.1007/978-3-319-95141-6_12)

“Firing Bench-mates: The Human Rights and Rule of Law Implications of the Turkish Constitutional Court’s Dismissal of Its Two Members” (2017) 13 European Constitutional Law Review 568-581 (doi:10.1017/S1574019617000207)

“State of Emergency Acts Review Commission used to hold off proper legal review” (2017) Public Law 316-319 (https://ssrn.com/abstract=2932515)

Book reviews

Book review of David Dyzenhaus and Malcolm Thorburn (eds.), Philosophical Foundations of Constitutional Law (OUP 2016) [2017] 76 Cambridge Law Journal, 201-204 (doi:10.1017/S0008197317000095)

Book review of Yaniv Roznai, Unconstitutional Constitutional Amendments: the Limits of Amendment Powers (OUP 2017), Constitution-Making & Constitutional Change Blog, 31 January 2017, at: http://constitutional-change.com/unconstitutional-constitutional-amendments-the-limits-of-amendment-powers-by-yaniv-roznai-oxford-university-press-2017/

Blog posts

“Turkey’s Presidentialist Shift: An Anticonstitutional Amendment?”, Blog of the IACL, AIDC, 14 April 2017, at: http://iaclaidc.wordpress.com/2017/04/14/turkeys-presidentialist-shift-an-anticonstitutional-amendment/

“Resetting the Turkish Judiciary” International Journal of Constitutional Law Blog, 1 July 2016, at: http://www.iconnectblog.com/2016/07/resetting-the-turkish-judiciary

Presentations

“Evaluative Constitutionalism” paper to be presented at the Graduate Conference in Public Law, The University of Texas at Austin, 25-26 October 2018

 “Unamendability for Constitutionality” paper presented at ICON-S Annual Conference, Hong Kong, 27 June 2018

 “(Un)constitutional Change Rooted in Peace Agreements” paper presented at ICON-S Annual Conference, Hong Kong, 26 June 2018 (with Asli Ozcelik)

“The ‘Constitutional’ Constitution: Towards a Normative Justification for Constitutional Unamendability” paper presented at ICON-S Annual Conference, Copenhagen, 7 July 2017

“The Organic Justification for Constitutional Unamendability” paper presented at:

- Contemporary Challenges in Constitutional Theory: International, European and Domestic Perspectives, School of Law and Social Justice, University of Liverpool, 19 June 2017

- Disputationes Quadrangulae No 12, Hoover Chair of Economic and Social Ethics, Université catholique de Louvain, 16 June 2017

- Workshop on the Unamendability of Constitutions, Department of Law, European University Institute, Florence, 6 March 2017

“The Militant Constitution: What is wrong with the justification for constitutional resistance to amendments?” paper presented at Cambridge Doctoral Workshop in Legal Theory 2016, Faculty of Law, Cambridge University, 24 August 2016

“Shutting Out Constitutional Politics: To what extent is limiting the constitutional amendment power justified?” paper presented at the 10th Annual International Graduate Legal Research Conference, King’s College, London, 4 April 2016

“Unconstitutional Constitutional Amendments in Turkey: A Schmittian Perspective” paper presented at the Glasgow Public Law Discussion Group, School of Law, University of Glasgow, 5 November 2015

“Unamendability of Amendable Clauses: The Case of the Turkish Constitution” paper presented at ICON-S/Koç/BC Workshop on Unamendable Constitutional Provisions, Koç University, Istanbul, 9 June 2015