141. Towards Turkey’s New Constitution
- Author:
- M. Murat Erdoğan and Serap Yazıcı
- Publication Date:
- 04-2011
- Content Type:
- Special Report
- Institution:
- Turkish Economic and Social Studies Foundation (TESEV)
- Abstract:
- Turkey’s need for a new constitution is accepted by almost everyone today. In fact, this was a need that has been in existence since the day the 1982 Constitution was made, for the 1982 Constitution was not only antidemocratic in terms of the method it was made, it also did not fit the ideal of a democratic and pluralist-liberalist society in terms of its content. Indeed, with characteristics such as its official ideology, its hierarchical model that renders the society subject to the state, its unionist-uniformist structure that sees differences and diversity illegitimate and its sacrificing freedom for authority, the 1982 Constitution is far from the standards of today’s democracies, and goes against the structure and needs of the society in Turkey. Since the day it came into effect, various amendments have been made in the 1982 Constitution, essentially as a result of this need. Yet, although these amendments, particularly those made in 2001 and 2010, made considerable contributions to the liberalization and democratization of our society, this situation has not removed Turkey’s need to make a completely new constitution. Moreover, these amendments have also disturbed the current constitution’s integrity within itself. On the other hand, in the face of the will of voters revealed in the 2010 referendum on the constitutional amendments, making a new constitution has now become an urgent task that can no longer be ignored. During the last few years in Turkey, the method that should be pursued in making the new constitution has been broadly debated in the public. Foreseeing that political parties would open to public debate their own views and suggestions on the new constitution during their election campaigns, our working group had already announced to the public that the parliament formed at the end of this election would have the power to make the new constitution. Since then, various civil initiatives and formations have carried out activities to collect the demands of the people on the matter of the constitution, or opened their own suggestions to public debate. Meanwhile, news that some major political parties were also in similar preparations appeared in the media. As a result, in line with our own expectations and foresights, it is understood that this election campaign will also become a constitution campaign and that the new parliament formed after the June 2011 elections will embark on the task of making a new constitution. Accordingly, this situation has made it urgent for TESEV, a non-governmental organization, to share with the public its main views and suggestions regarding the new constitution.
- Topic:
- Law, Reform, Constitution, Justice, and Judiciary
- Political Geography:
- Turkey, Middle East, and Mediterranean