Entrenching Hegemony in Cyprus: The Doctrine of Necessity and the Principle of Bi-communality

Hadjigeorgiou, Athanasia orcid iconORCID: 0000-0002-7324-9689 and Kyriakou, Nikolas (2020) Entrenching Hegemony in Cyprus: The Doctrine of Necessity and the Principle of Bi-communality. In: Constitutionalism under Extreme Conditions: Law, Emergency, Exception. Ius Gentium: Comparative Perspectives on Law and Justice, 82 . Springer, pp. 291-312. ISBN 978-3-030-48999-1

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Official URL: https://www.springer.com/gb/book/9783030489991

Abstract

When Cyprus became an independent state, newly-drafted constitutional provisions sought to safeguard the rights of the different communities that made up its population – Greek Cypriots, Turkish Cypriots, Maronites, Armenians and Latins. Nevertheless, most political power since then has been concentrated in the hands of the Greek Cypriot majority, with the other groups remaining largely marginalised. This hegemony of the Greek Cypriot political elite has been the result of a dual, and rather contradictory approach. On the one hand, the constitutional protections for the different groups have been eroded through the application of the doctrine of necessity, a mechanism intended to keep the Constitution up to date with the political developments in the country. Conversely, in cases where the doctrine could be used to safeguard the minorities’ rights, the government has highlighted the unamendable nature of the Constitution and relied on the obsolete constitutional provisions that the doctrine of necessity was designed to avoid.


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