Modern Anayasaların Maddi Özü ve Dönüşen Ekonomi Politiği: Neoliberal Anayasacılıkta Sürekli Krizlere Karşı Düzen Arayışı (Mümkün mü?)

Zülfiye YILMAZ*…

Abstract

This study, which explores the economic essence of the concept of material constitution from the idea of the social contract to the present day, is based on the argument that the trajectory and crises of capitalism are instructive in explaining the crises of constitutionalism at the national and global scale. Drawing on historical facts, doctrinal debates and particularly arguments from critical legal studies, this scholarly work argues that the orientation of constitutionalism (s) is largely determined by the existential imperatives of capitalism. As global constitutionalism maintains its position towards persistent political crises, which is oriented around the dynamics of classical liberal idea of constitutionalism, this almost frozen-in-time approach leads constitutional theory and practice into an impasse. This persistent tendency not only obscures the expansion of neoliberalism into legal systems and societies, but also undermines realistic and structural solutions to the crises of constitutionalism. Arguing that an alternative approach based on constitutional political economy is crucial, this article asks whether it is possible to establish a democratic order within neoliberal capitalism both in Türkiye and in the world.…