Rapporteur Suggests Constitutional Court Should Dismiss Türban Appeal

Constitutional Court rapporteur Osman Can recommended in his report released Friday that the court should dismiss an appeal brought before it by CHP claiming that the türban amendments passed in February are unconstitutional and in violation of Article 2's construction of secularism. Although his recommendations are not binding, Can said that the court can only review the case on procedural grounds and cannot come to a decision as to its substance. The significance is that the rapporteur directs the court to avoid consideration of the amendments' harmony with Article 2. Article 148 of the Constitution pertaining to its amendment stipulates that the Court can review amendments only when they directly or indirectly controvert other constitutional provisions. Can's report belies the charge that the amendments are in contradiction to Article 2. A legal analysis follows in Today's Zaman.