The Constitutional Reform Proposal of the Turkish Government: The Return of Majority Imposition (original) (raw)

Turkey's constitutional amendments: a critical perspective

Although Turkey has largely maintained the constitutional tradition inherited from the Ottomans, and has been ruled by the parliamentary system since its establish- ment, in 1923, the Justice and Development Party (Adalet ve Kalkınma Partisi – AKP), which is one of the most controversial political structures in Turkish political history, has changed the accustomed system into a Turkish type of presidential one. Furthermore, this important decision was taken in a plebiscite held under state of emergency conditions, after the failed coup attempt and in an authoritarian political atmosphere that has been gradually increasing for more than half a decade. In this regard, this article explains two major points; the constitutional history of contempo- rary Turkey with its Ottoman background, and the AKP’s political journey that is a swing from hope to oppression. Yet, additionally, the article clarifies the minutiae of the amended constitution which are related to human rights and liberties. Lastly, it argues that the proposed constitution will neither reveal a new system, nor will it constitute a democratic socio-political environment and an advanced human rights constitution.

The Future of Democratic Reform in Turkey: Constitutional Moment or Constitutional Process?

Turkey is undergoing the most substantial constitutional reform process in its history, at the same time as carrying out significant peace talks with the Kurdistan Workers’ Party. These two processes will have profound effects on the country’s future governance. Most importantly, the processes could contribute to bridging gaps in Turkey’s polarized society. As the processes take place in secret, their substantive contents are currently unknown. This article provides a critical analysis of the processes in the light of the new theory of constitutionalism, paying particular attention to the changing role of the European Union in Turkey’s reform discussions. This analysis leads to some sceptical conclusions: given the secrecy, exclusiveness and political hostility surrounding the processes, it seems that they are unlikely to achieve their potential. In addition, despite its contradictions, the weakening of European Union conditionality appears to have negatively affected the reform process.

Democratic Deviations and Constitutional Changes: The Case of Turkey 1

This article shows through a descriptive-qualitative methodology as the recent Turkish constitutional reform is fully inserted in the context of the strong debate on the transformations of contemporary democracies. In particular, the analysis emphasizes the underlying danger of this constitutional change, because the established super-presidentialism drives a strong drift away from the consolidation / institutionalization of democracy. Our conclusions show the risk of authoritarian involution from the total centralization of powers in the hands of the leader, which will have consequences both internally, an area in which there will be a stronger radicalization, and at the supranational level, because the heavy rerouting freezes the integrationist dreams.

Constitutional Change in Turkey: Is A New Amendment Necessary?

Legal Hukuk Dergisi, 2021

Governmental systems that constitute the structure of political systems are one of the most controversial issues of the political agenda. The parliamentary system, which has an unsuccessful history, including Turkey, forced many countries to seek new systems. Excluding the 1921 and 1924 Constitutions, Turkey had a parliamentary government system since the 1876 Constitution. The inability of the parliamentary system to solve some crisis of regime and to overcome political problems caused to come to an agenda of new options such as presidential/semipresidential system. Reinforcement of executive power is being opted as an instrument of transition from parliamentary to presidential system, and a sui generis parliamentary system model was being created by deri-H Hakem denetiminden geçmiştir.

2011 GENERAL ELECTIONS IN TURKEY AND THE PROBLEM OF NEW CONSTITUTION

American International Journal of Contemporary Research

June 12, 2011 general elections in Turkey led to unforeseen composition of the new Parliament (Turkish Grand National Assembly-TGNA-). Despite the threshold-% 10-that cannot be seen in any other states in the world, new TGNA represents the % 96 proportion of the population in Turkey. This presentence of representation is an opportunity for new and communal constitution which has been required last three decades. This article explores the difficulties and problems on the way of making new constitution for Turkish Grand National Assembly that is consisted of general election in 2011. Furthermore, this study tries to address solution suggestions aforesaid and determines road map for the new constitution of Turkey.

Turkey’s New Constitution: Transformation, Democratization, and Living Together

2012

The June 12, 2011 general elections resulted in the victory of the ruling Justice and Development Party (the AK Party). The AK Party received 50% of the national vote, which meant a record level of popular support and the highest level of votes that a political party ever received in national elections in Turkey. Moreover, this was the third consecutive victory of the AK Party since 2002. The AK Party has become not only a strong majority government that rules Turkey without a strong opposition, but also, a “dominant party” that is likely to continue to maintain its position and win the elections to come. Turkey with the AK Party majority government without alternatives seems to remain a defining feature of Turkish politics in near future. It is also important to note that participation in the elections was 87%, the highest level so far, and the representation capacity of the parliament increased to 95%, with more women, more youth, and more voices from different ethnic and religiou...