Constitutional debate

Last time the Justice and Development Party, or AKP, attempted to write a "civilian constitution" it hired some constitutional law professors, asked them to write a new text and attempted to impose that text as the new constitution. That effort had landed the country into a crisis atmosphere and the AKP was compelled to give it up. Instead, the AKP, with the support of the Nationalist Movement Party, or MHP, wanted to legalize headscarves at universities. That effort, however, produced some very serious consequences.

After that constitutional amendment debacle, the ruling AKP, suffered not only the AKP bid to legitimize religious headgear, or turban, at universities faltered but the AKP itself had found itself defending, in front of the Constitutional Court against a demand by the chief prosecutor of the Court of Appeals, for its closure on grounds that it became a focus of anti-secular and fundamentalist activities. Though the court concluded the case against the AKP in a record short period, for more than five months the country lived the trauma of that case. At the time, six members of the court voted for the closure of the AKP, but at least seven votes were required in the 11-member high court to decide for the closure of a party, thanks to the need of a qualified vote. Yet, while it narrowly survived, 10 of the 11 members of the high court ruled that the AKP was a focus of anti-secular activities and must be punished with a fine.

The 2008 constitutional amendment debacle and the subsequent closure case trauma were in a way a product of the "majority complex" the AKP developed after it received an overwhelming 47 percent electoral support in the July 22, 2007 elections. The AKP believed that since it received the vote of one in every two Turks, since it won almost two-thirds majority of parliamentary seats, it had the mandate to rule the country in any way it considered appropriate. It just mixed up majoritarianism and pluralism. It just forgot that democracy is not the absolute rule of the majority.

Now, after Erdoğan declared that his party will re-initiate the collapsed "civilian constitution" effort of the post-July 22 period, prominent AKP members have started stressing that even though the AKP did not need the opposition’s contributions to make a constitutional amendment, the ruling party will seek cooperation of the opposition and indeed they wanted to set up a "reconciliation commission" in Parliament participated by all parliamentary groups and which will produce a "joint proposal" for the amendment of the constitution. This, of course, is a very promising start compared to the 2007.

New effort will mean seeking new crisis

Still, we are very much concerned that a constitutional amendment or "writing a civilian constitution" drive the AKP may indulge in after the March polls may land the country into some very serious political crisis, which could further complicate the already worsening economic situation in the country. Some "deep throats" within the AKP are telling us that apart from undertaking revolutionary steps towards making more democratic the stipulations regarding elections and political party activities, one of the priorities of the ruling party in the new effort will be to change the structure as well as powers of the Constitutional Court and strip it of its power to close down parties. Whereas, the opposition will insist on lifting or seriously restricting judicial immunity of parliamentarians but, particularly the main opposition Republican People’s Party, or CHP, will categorically object to a change in the structure and powers of the high court that it considers as a fundamental security valve for the protection of the fundamental pillars of the secular democratic republic.Thus, the questions are "Does Turkey needs a constitutional amendment or a new constitution?" and "Can the AKP undertake such an effort without landing the country in a new crisis?" While Turkey definitely needs a new and democratic constitution, unfortunately the AKP was castrated of such ability with the "focus of anti-secular activity" verdict and unless it somehow obtains full opposition support any such bid will be doomed to land Turkey in a serious crisis.