Territory and Ethnicity through the Eyes of Comparative law: The Cyprus Question

The article examines the Cyprus question by investigating the interrelations between the ethnic communities and the territory through the lens of comparative constitutional law. Firstly, the essay addresses the topic within the broader context of constitutional law studies. The analysis will then be focused on the case of Cyprus. Following the 1963-64 constitutional crisis and the 1974 occupation by Turkey a discrepancy between the “law in the books” and the “law in action” occurred. This caused the creation of new “boundaries” and operational rules that significantly disregarded the constitutional regime based on power-sharing and bi-communalism. Such a flaw displays profound consequences on the communal disputes. Finally, the article will focus on territorial demarcation as an instrument for the recognition of ethnic groups as the constitutive elements of the State.