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Associate Professor Dr. Jörg Menzel,
Turkish University, Istanbul, Turkey:

Thank you very much Mr. Chairman. Thank you very much
for the organizer for inviting me to this important and interesting
conference. However, this task is usually quite difficult actually to
speak about this fundamental but very difficult terms. I think the
title of our panel includes the term “democracy” “rule of law”
“constitution” and “development”.

I think we use “development” in a slightly different term.
Only a single term of “human right” could be added to complete
the kind of spectrum we are talking about. I will only try to make
a few remarks on those principles and how I think they
interconnected.

A couple of years ago, I wrote a small article called
“Constitutionalism as Development” I would like to keep that in
that kind of motto, probably for today. What do I mean by
constitutionalism? We can start to have good discussion about.
The previous speaker mentioned about the state with written
constitution, even the State without written constitution which
would be New Zealand but we have to see, obviously, that both of
those States are the exception to the rule. Nowadays, every other
States are inspiring to have constitution as soon as it is dependent.
If it is not having constitution, it is probably because it is just after
some difficult situation, but it is only interim period. So, having a
written constitution at least as the main text, maybe not as a
complete text but a main text of constitutional law, is the
international standard nowadays.

What is development? I think this question is quite
interesting and Professor Harding has mentioned that topic also
at that point in his opening keynote speech. I would also agree
with him and emphasize on very much that I do also think that
the development has to be seen in a broader sense. My thesis
would be that development, that constitution as such is a part of
development and can be a goal of development.

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