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1. From coup to constitution: The impact of Turkey’s attempted coup on the constitutional referendum – a series on Turkish constitutionalism, part 2

Author:
Mason Hill
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
This is the second in a three part series on Turkish constitutionalism one year after the 2017 constitutional referendum. At Erdoğan’s election in 2002, he appeared to be the latest in a line of populists elected to office. Initially, his success seemed the result of an ability as an Islamist to appease the concerns of the secular establishment. This was bolstered by his stated commitment to Turkey’s accession to the European Union. While in the 1990s Islamist reformers failed to pass institutional reforms aimed at decreasing military control of Turkish politics, the military allowed Erdoğan the space to pursue institutional reform that would enhance Turkey’s chances of becoming a member of the European Union. This attempt by the Justice and Development Party (AKP) to reimagine Turkish democracy for the 21st century took the form of a general push for constitutional reform.
Topic:
Politics, Governance, Law, Elections, Constitution, Recep Tayyip Erdoğan, and Coup
Political Geography:
Turkey and Middle East

2. Remembering 1962: The Turkish constitutional referendum in context a series on Turkish constitutionalism, part 1

Author:
Mason Hill
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
This is the first in a three part series on Turkish constitutionalism one year after the 2017 constitutional referendum. Constitutions are nations’ mission statements, and articulate pre-political commitments that turn residents into citizens, and borders into a nation. In Turkey, generations of political leaders have used constitutional reform as an opportunity to set their political agenda and highlight their priorities. The 2017 referendum must be understood in the context of a democracy where voters have experienced successive constitutional reforms aimed at complementing the mission each new generation of leaders gives itself. A view of modern Turkish history reveals the tendency of leaders to use constitutional reform to address deficiencies in their respective administrations, and reflects the latent tension between populism, military intervention, and constitutional integrity.
Topic:
Politics, History, Law, Reform, and Constitution
Political Geography:
Europe, Turkey, and Middle East

3. Turkey’s constitutional referendum, one year later – a series on Turkish constitutionalism, part 3

Author:
Mason Hill
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
This is the third in a three part series on Turkish constitutionalism one year after the 2017 constitutional referendum. the 2017 Constitutional Referendum have only entrenched that reality. Erdogan’s dominance in Turkish politics should not obscure the fact that the individual office holder rather than an ideologically-grounded bloc is now the fulcrum upon which Turkish politics shifts. The Justice and Development Party (AKP) that came to power promising reform, religious pluralism and market-friendly economic policies has become a vehicle for Erdoğan’s personal ambition. After the Gezi Park protests and amid allegations of his son’s corruption, Erdogan became an increasingly polarizing personality in Turkish politics who weighed down the AKP brand in the 2015 parliamentary elections. Yet Erdoğan’s popularity returned during the pivotal moment of the 2016 coup attempt, when he appeared in a live interview with a reporter via Facetime. By the time 2017 referendum campaign, Erdoğan personally rather than AKP parliamentarians was the medium around which responses were polarized. The extension of Erdoğan’s personal control over the levers of power was particularly apparent in the referendum’s changes to the structure of the legislative and judicial branches of the Turkish government, granting legal justification to Erdoğan’s de facto force of personality regime. Developments over the past year have made clear that Turks are increasingly casting votes for and against candidates rather than parties.
Topic:
Politics, Elections, Constitution, Recep Tayyip Erdoğan, and Coup
Political Geography:
Europe, Turkey, and Middle East

4. Constitutional amendments in Turkey: Predictions and implications

Author:
Al Jazeera Center for Studies
Publication Date:
02-2017
Content Type:
Policy Brief
Institution:
Al Jazeera Center for Studies
Abstract:
The Justice and Development Party (AKP) could not possibly have received approval for the proposed constitutional amendments in parliament and needed the Nationalist Movement Party’s support in order to carry out a referendum. A difficult election campaign for the amendments awaits the two opposing parties; however, there is no way to be certain before the announcement of the referendum results. Nevertheless, the most important issue relates to the long-term consequences for the AKP, particularly in terms of its Kurdish base. In terms of ethnicities, the AKP is considered the party of Turks, Kurds, Arabs, Circassians and all other Turkish ethnic groups, while the Nationalist Movement Party has traditionally been committed to the most severe position against the Kurdish Nationalist Movement, including its armed and unarmed wings.
Topic:
Democratization and Constitution
Political Geography:
Turkey

5. Secularist and Islamist Constitutional and Political Concepctions in the Modern Muslim World: The Cases of Kemalist Turkey and Khomeini’s Iran

Author:
Nikola Gjorshoski
Publication Date:
05-2017
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
Modern constitutional and political concepts, in a broad sense, represent an expressed codification of the elements of value that structure the relevant society or the particular group that tries to project or channel them through the existing order. The secularism vs. Islamism dichotomy is a part of such a conceptual framework. The author elaborates and compares both ultimate constitutional and political designs, specifying them through the example of Turkey and Iran, as well as to shows the basic characteristics through the prism of their political legitimacy, the organization of power, the human rights and freedoms, as well as the possibility of political activism. The thesis that the author notes develop in the direction of a warning that the extremes contained in the constitutional provisions in the vividly ideologically divided societies can be a source of conflict and/or can generate instability or suffocation of the pluralism in the political arena.
Topic:
Islam, Politics, Constitution, Islamism, and Secularism
Political Geography:
Iran, Turkey, and Middle East

6. Militarist Turkish-Islamic Synthesis: Official Ideology, Official History and Nationalism in the Second Constitutional Period

Author:
Mehmet O. Alkan
Publication Date:
01-2014
Content Type:
Journal Article
Journal:
Turkish Journal of Middle Eastern Studies
Institution:
Sakarya University (SAU)
Abstract:
The “Promulgation of Freedom” on 23 July 1908 paved the way to the Second Constitutional Period. A clear ideological change occurred in this 10 years period that lasted in 1918. This shift in ideology was a transition from “Islamic-Turkish Synthesis” of Abdülhamid II’s reign to the “Turkish-Islamic Synthesis.” The Committee of Union and Progress could have put into practice “Turkish nationalism” or “militant secularism” as the Republican People’s Party did after 1924 when they took the power after the coup of 23 January 1913. However the Balkan Wars and the World War I enforced them to postpone their will. On the contrary they made use of Islam as a unifying and mobilizing source of power and tried to build Turkish identity between the lines in the education system. That is why, as a result of these circumstances, “Militarist nationalism” and “Militarist Turkish-Islamic Synthesis” came into agenda in the Second Constitutional Period.
Topic:
Islam, Constitution, History, and Ideology
Political Geography:
Turkey

7. The Basic Principles and the Choice of Government System in the New Constitution

Author:
Levent Köker
Publication Date:
10-2013
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
“The Basic Principles and the Choice of Government System in the New Constitution,” authored by Levent Köker, is the fourth monitoring report published by TESEV under the umbrella of its constitution monitoring project, Turkey Constitution Watch (turkeyconstitutionwatch.org). The report offers a comparative analysis of the presidential and parliamentary system proposals that are discussed in the Constitutional Reconciliation Commission. It also deals with the basic principles (such as rights and freedoms, independence and impartiality of the judiciary, and local autonomy) that should form the basis of system discussions in Turkey.
Topic:
Human Rights, Law, Constitution, Civil Rights, Justice, and Judiciary
Political Geography:
Turkey and Middle East

8. Monitoring Report 3: What sort of a constitution are we heading towards?

Author:
Etyen Mahçupyan, Mehmet Uçum, and Özge Genç
Publication Date:
03-2013
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
In our “Monitoring Report 3: What sort of a constitution are we heading towards?,” subtitled as “Analysis of Constitutional Scenarios,” the proposals of AK Party, BDP, CHP and MHP regarding the new constitution under the titles such as Legislation, Executive and Jurisdiction are compared. The report analyzes whether the proposals bring a reform, a revision or a repetition, and addresses the question of what type of a constitution will come out of these proposals if they are to be accepted.
Topic:
Reform, Constitution, Citizenship, and State
Political Geography:
Turkey and Middle East

9. Toward a Solution to the Kurdish Question: Constitutional and Legal Recommendations

Author:
Dilek Kurban and Yılmaz Ensaroğlu
Publication Date:
06-2010
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
There is more to the dominance of “rule of law” or “supremacy of law” in a state than the mere availability of a constitution or laws, or the presence of judicial institutions. Indeed, it is a fact of history that even the bloodiest dictatorships had their idiosyncratic laws and courts. In addition, there are countless historical examples of tyrannical and oppressive policies being implemented through courts. Thus, in paying special attention to the matter, international human rights law emphasizes in the Universal Declaration of Human Rights that “…it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.” Article 3 of the Statute of the Council of Europe follows suit: “Every member of the Council of Europe must accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms…” Article 1 of the European Convention on Human Rights, in addition, states: “The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention.” These and other instruments of law confer on the states substantial responsibilities for the protection of human rights. Of a state’s obligations in that regard, the most important include constitutional and legal recognition of citizens’ human rights, non-interference in individuals’ exercise of those rights as long as such exercise does not violate the freedoms of others, and protection of those rights against interventions by others. These obligations have also become sources and criteria for a state’s claim to legitimacy. In other words, states are now considered to be legitimate to the extent they recognize and protect human rights. As a matter of fact, the protection of states’ rights to sovereignty cannot hold its ground against human rights, thus no state can have recourse to the ‘non-intervention in domestic affairs’ discourse in the face of violations within that state’s borders. The judiciary is the most important mechanism that will check the compliance of government policies and practices with the law and protect citizens’ rights and freedoms. This is why all acts and transactions of the administration need to be subject to judicial review in a state where rule of law prevails. In short, the judiciary is the one and only power that will put the principle of the rule of law into practice. In order for the judiciary to serve that function, that is, to protect human rights, it is indispensable that constitutional and legal arrangements be compatible with human rights law. Put differently, implementing the principle of rule of law necessitates that the law should, instead of siding with the state, have an autonomous standing vis-à-vis the state. The law must maintain equal distance to the state and the citizen. Otherwise, it will not be able to serve its arbitral function between the two sides, and as a result, its legitimacy becomes contested. Considering Turkey in this light, one sees that the legal framework has adopted the ideology of creating a homogenous society and a modern nation, instead of securing all individuals’ rights. Founded as a modern state upon the remnants of the multi-religious, multilingual, and multiethnic Ottoman Empire, the Turkish Republic decided that it would not be possible for it to realize the plans to construct the new nation without denying room to the distinct identities. In line with the secularist and nationalist policies pursued as an outgrowth of this approach, the legal framework underwent a complete overhaul. It has become widely accepted today that Kurds were one of the primary targets of these policies. As a matter of fact, in addition to general legal and constitutional amendments necessary for a Turkey committed to human rights and the rule of law, a number of particular arrangements are also required for a lasting and democratic solution to the Kurdish Question. Constituting the main focus of this report, these arrangements can be broken down into two groups: constitutional and legal. Although the constitutional articles and legal provisions examined in detail and the regulations and statutes which occupy lesser space in the report might appear to have a general character and do not include the words “Kurd” or “Kurdish”, they are essentially instruments aiming to restrict Kurds’ fundamental rights and freedoms and practically causing indirect discrimination against the Kurds. It goes without saying that several administrative measures that do not necessitate any particular legal arrangements must also be taken to solve the Kurdish Question. Discussed as part of the debates on the ‘democratic initiative’, some of these measures include the restitution of names in Kurdish and other languages to places plastered with Turkish names, removal of nationalist slogans etched by the state onto mountain slopes in Turkey’s eastern and southeastern region, changing the militarist names given to schools in the same region, and appointment of Kurdish-speaking public servants in the region to facilitate the use of Kurdish language in accessing public services. Though they are outside the scope of this report, these administrative steps and similar others need to be negotiated upon with Kurdish political representatives and opinion leaders and put in practice soon.
Topic:
Human Rights, Law, Constitution, Legislation, and Kurds
Political Geography:
Turkey, Middle East, and Kurdistan