Recently, officials have argued that Türkiye’s coup-era Constitution has become outdated and have called for a new, civilian charter, while experts stressed the need for a constitution that fully addresses the needs of the Turkish people, safeguards their rights and freedom, and ensures that state institutions serve the public.
“Debates over a new or civilian constitution continue to remain on the agenda in Türkiye, though the work is progressing slowly due to its complex nature. There is no doubt that the process will be challenging. If completed and a new constitution is drafted and adopted, it would mark a first for the country. All previous constitutions of the Republic of Türkiye were prepared during extraordinary periods, and some, including the one currently in force, were drafted following military coups,” Yasin Şamlı, a lawyer and the president of the Istanbul No. 2 Bar Association, told Daily Sabah.
The government has been pushing to overhaul the Constitution for over a decade now, which was adopted in 1982 following a military coup that led to the detention of hundreds of thousands of people along with mass trials, torture and executions, which still represents a dark period in Turkish political history.
“Constitutions drafted during extraordinary periods or under military rule are widely regarded as lacking legitimacy,” Şamlı said, emphasizing that democratic systems require that state authority be exercised on behalf of the people and rooted in popular will.
He asserted that coup-era constitutions are illegitimate in several respects: first, because the initiative to draft a new charter does not stem from the electorate but from those who seize power; second, because such texts are prepared without broad consultation across all segments of society; and third, because referendums held under conditions of political pressure make it unclear whether voters are endorsing the constitution itself or simply seeking an end to military rule. Fourth, these constitutions lack legitimacy in substance, as their content is not grounded in the will of the people.
Over the years, Erdoğan and Justice and Development Party (AK Party) officials have repeatedly called for a new civilian constitution to replace it, describing the current one as "outdated.”
The AK Party has long campaigned for a new constitution, including a declaration announced during its 2023 election campaign. The “New Constitution for the New Century of Türkiye” declaration, which refers to the second century of the Republic of Türkiye, underlined the need for a new constitution. “Establishing a constitutional order based on human dignity for the prevalence of developments in the field of rights and freedoms is necessary,” the 2023 declaration said.
The declaration also said the constitution would preserve democratic gains acquired during the AK Party’s governance and would ensure a high-standard democracy, guarantees for freedoms and the supremacy of law.
Arguing that both the 1961 and 1982 Constitutions lack legitimacy, Şanlı emphasized, “Türkiye has effectively been governed for at least 66 years under constitutions not grounded in popular will.”
“It does not befit our nation for a coup-era constitution, one that suppresses the will of the people and restricts the rights and freedoms it is meant to protect, to remain in force,” he added.
Earlier this week, Deputy Parliament Speaker and former Justice Minister Bekir Bozdağ said that although Parliament made radical changes and reforms to the 1982 Constitution, this did not remove the existence of the Constitution, and on the contrary, those changes only fueled the need for a wholly new constitution. He underlined that developments in Türkiye and the world, and political shifts, took this need to the next level. “History forces us to draft a new constitution,” he stressed.
According to Şamlı, the political will driving the drafting of a new constitution in Türkiye would be decisive, but public ownership of the process would be even more critical. Citizens should demand a constitution that guarantees their rights and freedoms and ensures state institutions serve the public, while actively monitoring their legislative passage.
He continued, “If such a collective will is demonstrated, it would mark the first time in the country’s history that a constitution is shaped by the people through their elected representatives rather than by military intervention, giving the process historic importance.”
The 11-member AK Party Constitutional Commission, chaired by Vice President Cevdet Yılmaz, has held around 20 meetings so far as part of efforts to lay the groundwork for a new civilian constitution. The commission last convened on Dec. 29.
The commission plans to engage in broad consultations with lawmakers, academics, civil society representatives and other segments of society. Existing constitutional studies, accumulated experience and previously expressed ideas will be taken into account, and contributions from experts in various fields may be sought when needed.
Moreover, Ferhat Küçük, a lawyer and a Ph.D. holder in constitutional law, emphasized that with the exception of the 1921 Constitution, previous constitution provisions significantly curtailed individual fundamental rights and freedoms, as those were heavily shaped by the ruling regimes of their time.
“Including the system of government, the model of judicial independence, the framework for limiting fundamental rights, the relationship between local administrations and the central government, and the definition of citizenship and identity became particularly problematic due to the legacy of military rule,” he asserted.
In this regard, Küçük said, drafting a civilian constitution would inevitably open the way for far-reaching reforms in these five areas.
Most recently, the AK Party’s deputy chair in charge of political and legal affairs and the party’s Constitutional Commission member, Hayati Yazıcı, stated that the commission is evaluating what provisions should be included in a new constitution, which current articles may no longer be necessary, and how fundamental rights and freedoms should be framed. Once the work is completed, the commission will submit an executive summary to Erdoğan, who also serves as AK Party's chairperson, before moving to a broader consultation phase.
He remarked that drafting a constitution is the right of the nation. “The constitution is made by the people, but up to now the people have never been able to exercise this right,” he said, referring to the 1961 and 1982 Constitutions.
