Turkey enters a completely new reform process
Last weekend, Turkey sorted out an issue that had long occupied its agenda. The second round of voting in Parliament was completed, paving the way for a referendum on the constitutional amendment package unless a surprising obstacle emerges. The package was discussed within the framework of extremes in the public. It was merely addressed through political parties and its content fell victim to polarization. However, it is a fundamental package that creates an opportunity for a major transformation. In my opinion, here are the most important points about the package that I have thoroughly examined and created an opinion on by picking the opinions of the lawyers I trust.
Not a revision, but a reform: The constitution of 1982 has been amended 18 times until now, with 110 articles of it being changed and two others being abolished. However, all these changes were made within the legislative-executive-judicial structure in accordance with the current Constitution, namely by staying within the system. We have a different amendment this time. The proposed change is a system reform.
Sixty-seven articles to be changed, 21 others to be abolished: I desired a brand new and liberal constitution. However, as I examine this package, I see that its scope is quite large even if it will not bring a completely new constitution. A total of 18 articles in the package relates to the change of 67 articles in the Constitution. Twenty-one articles will be abolished. Basically, it proposes a new system regarding the government model. As the government model will change, its relation to legislative and judicial administration will also change.
A one-man government: Article 87 of the package relates to the amendment of Article 87 of the Constitution – which brings allegations that the legislative control over the execution is removed. However, the new package should not be interpreted through the codes of the existing system, as the cabinet-based government model will be abolished. Presidency means a one-man government. The day the public elects the president, the president will form the government. Following this, the president appoints his ministers and deputies as government. In short, we will no longer have a government model emerging from Parliament, but switch to a nation government from the parliamentary government.
Vote of confidence and motion of censure contrary to the nature of the package: Another criticism of the same title is the abolition of the vote of confidence and the motion of censure. According to the package, not Parliament, but the public gives the vote of confidence as they will elect the government themselves. The government will not be accountable to the Parliament, but to the public. Those who prepared the packet say that the vote of confidence and the motion of censure will clash with this logic, suggesting that it will be against democratic legitimacy to expect the vote of confidence from popularly-elected deputies after they receive the vote of confidence from the public.
The ways of the audit are open: Parliament will have parliamentary inquiry, written question and general debate instruments to audit the execution. The package stipulates to respond to the written question within 15 days. This period is open-ended in the current system.
Verbal question to be abolished: The execution will no longer be within the legislation. The ministers will no longer go to Parliament except to get sworn in. It is now necessary to think about the one-man government, namely the president's government, separately from Parliament. As the government will be a technocratic one, the written questions will be directed to the relevant ministers, not to the president.
Dissolution authority to be revoked: The president has the authority to dissolve the assembly in the current system. The package will revoke this authority. Instead, it stipulates the renewal of election together and will not terminate the presence of the one who makes a decision on dissolution. The superiority will belong to Parliament and the president will have the right to be elected only for two times for a period of five years. If he decides to hold elections in the first term, he forfeits the right to remain president until the end of that term. If he makes such a decision in the second term, he cannot be a candidate again. This article is designed as a measure that can be taken if politics comes to a deadlock in case of a serious political crisis.
The package paves the way for the trial of the president for all crimes. A total of 301 votes will be enough to start a prosecution against the president and 400 votes will be enough to refer him to the Supreme Court. At present, the president can be referred to the Supreme Court with the vote of three-fourths of Parliament, corresponding to 413 deputies, only for treason. With the new regulation, the number of deputies will increase to 600 from 550 currently and the number of votes needed to refer the president to the Supreme Court will fall to 400. Moreover, the definition of crime will expand.
There are many other important articles in the constitutional amendment package which will be voted in the referendum. In short, it includes a series of amendments in an attempt to change the government model, reorganize the government's relations to legislative and judicial bodies, end bureaucratic tutelage, ensure three powers receive legitimacy directly from the public and strengthen the institution of politics. In order to make this change more meaningful, the laws of political and technical harmonization must be enacted in the course of time, and many laws, especially those relating to political parties and elections, must change.
Not a revision, but a reform: The constitution of 1982 has been amended 18 times until now, with 110 articles of it being changed and two others being abolished. However, all these changes were made within the legislative-executive-judicial structure in accordance with the current Constitution, namely by staying within the system. We have a different amendment this time. The proposed change is a system reform.
Sixty-seven articles to be changed, 21 others to be abolished: I desired a brand new and liberal constitution. However, as I examine this package, I see that its scope is quite large even if it will not bring a completely new constitution. A total of 18 articles in the package relates to the change of 67 articles in the Constitution. Twenty-one articles will be abolished. Basically, it proposes a new system regarding the government model. As the government model will change, its relation to legislative and judicial administration will also change.
A one-man government: Article 87 of the package relates to the amendment of Article 87 of the Constitution – which brings allegations that the legislative control over the execution is removed. However, the new package should not be interpreted through the codes of the existing system, as the cabinet-based government model will be abolished. Presidency means a one-man government. The day the public elects the president, the president will form the government. Following this, the president appoints his ministers and deputies as government. In short, we will no longer have a government model emerging from Parliament, but switch to a nation government from the parliamentary government.
Vote of confidence and motion of censure contrary to the nature of the package: Another criticism of the same title is the abolition of the vote of confidence and the motion of censure. According to the package, not Parliament, but the public gives the vote of confidence as they will elect the government themselves. The government will not be accountable to the Parliament, but to the public. Those who prepared the packet say that the vote of confidence and the motion of censure will clash with this logic, suggesting that it will be against democratic legitimacy to expect the vote of confidence from popularly-elected deputies after they receive the vote of confidence from the public.
The ways of the audit are open: Parliament will have parliamentary inquiry, written question and general debate instruments to audit the execution. The package stipulates to respond to the written question within 15 days. This period is open-ended in the current system.
Verbal question to be abolished: The execution will no longer be within the legislation. The ministers will no longer go to Parliament except to get sworn in. It is now necessary to think about the one-man government, namely the president's government, separately from Parliament. As the government will be a technocratic one, the written questions will be directed to the relevant ministers, not to the president.
Dissolution authority to be revoked: The president has the authority to dissolve the assembly in the current system. The package will revoke this authority. Instead, it stipulates the renewal of election together and will not terminate the presence of the one who makes a decision on dissolution. The superiority will belong to Parliament and the president will have the right to be elected only for two times for a period of five years. If he decides to hold elections in the first term, he forfeits the right to remain president until the end of that term. If he makes such a decision in the second term, he cannot be a candidate again. This article is designed as a measure that can be taken if politics comes to a deadlock in case of a serious political crisis.
The package paves the way for the trial of the president for all crimes. A total of 301 votes will be enough to start a prosecution against the president and 400 votes will be enough to refer him to the Supreme Court. At present, the president can be referred to the Supreme Court with the vote of three-fourths of Parliament, corresponding to 413 deputies, only for treason. With the new regulation, the number of deputies will increase to 600 from 550 currently and the number of votes needed to refer the president to the Supreme Court will fall to 400. Moreover, the definition of crime will expand.
There are many other important articles in the constitutional amendment package which will be voted in the referendum. In short, it includes a series of amendments in an attempt to change the government model, reorganize the government's relations to legislative and judicial bodies, end bureaucratic tutelage, ensure three powers receive legitimacy directly from the public and strengthen the institution of politics. In order to make this change more meaningful, the laws of political and technical harmonization must be enacted in the course of time, and many laws, especially those relating to political parties and elections, must change.