Negarchy is a form of governance between anarchy and hierarchy in which the self-interests of the separate powers cancel one another out by indirect yet interdependent means. Negarchy maintains the status quo, which serves the self-interest of groups within the system. They negate one another owing to their material interests or their respective privileged resources. They divert democratic and human rights and impose restrictions on others. Restrictions are disguised as legal, judicial or constitutional despite being undemocratic and repressive. They are directed against those who would directly, indirectly or symbolically challenge the group’s self-assumed ownership of the state and public resources. If any of the strategies of their own creation that they readily use against others are deployed against them to limit their power or potential affluence, they are unwilling to be subjected to them and come up with contingency plans for smear campaigns, threats, coercion and violence.Documents sent by an officer who actively took part in the junta formation have stirred civilian outcry across the social and political spectrum. Experts and people of common sense are united in calling for all organs of the state to strictly adhere to the functions assigned them by the Constitution. The overt disrespect and tendency to oppose parliamentary governance that we see among members of the judiciary and military violate the rules and conventions of institutions and the principle of the separation of powers. The dark relationships of negarchy systematically undermine the credibility of judicial and military bodies in the eyes of the people. The correct conduct of the judiciary and military, inside and outside the bar chambers, courts and military headquarters, is a prerequisite for the smooth and effective functioning of the parliamentary system.
The government and legislators are being encouraged to re-establish the faith of the people in democratic institutions, and the judiciary and military are being urged to purge all members who have taken part in plots and juntas. The members of the legislature and judiciary who have not taken part in the plots and interest schemes should be proactive and exercise control over the military; they should act in unison to achieve the objectives of the Constitution. People now want to see evidence of work and service ethics in the state bureaucracy. Any failure to tame the cunning will allow the contravention of the separation of powers to continue, weaken existing checks and balances and provide for the minority through the oppression of the majority.
The protectionist bureaucracy in the system is difficult to remove completely as they have “friends” nestled in the higher judiciary. A new constitution and reform-minded bureaucrats appointed by Parliament are needed. We need well-functioning parliamentary committees which exercise legally defined regulatory powers.
Keeping the public informed about amendments can help prevent such negarchy. It also prevents interest groups, especially in the media, from interfering with due process in government and the legislature. This sharing of information also keeps the government and legislature somewhat in check. The press thus cannot easily affect public opinion in ways that are contrary to the spirit of separation of powers.
In a system of checks and balances, the judicial branch has the right to say that something is unconstitutional but should not take the place of the legislature and the military. The principle of separation of powers has been most frequently endangered through official misbehavior married to claims of defending the regime or national security. In such cases, accountability is not easy or automatic. However, potential abuses of power may be deterred. In democratic government, when the legislative authority or parliament is united or reaches a consensus by majority, it can legitimately be dominant over other branches. There is an important distinction between constitutional violations -- acting in excess of statutory authority -- and the violation of the separation of powers in the Constitution.
The principle of separation of powers is problematic and full of statutory and constitutional defects in Turkey. In the latest case of the democratic initiative to resolve the internal strife in southeastern Turkey, interest groups within the judiciary have initiated a legal case against the prosecutors and judges who released the Kurdish militants who surrendered to Turkish authorities. The interest group, the Judges and Prosecutors Association (YARSAV), is attempting to convict and punish the government and supporters of the initiative. This group is usurping the powers of the executive and the legislature. To prevent such abuse in future, the new constitution should give the legislative branch additional powers over the executive, judicial and military so that any individual can be impeached by the legislative branch to consolidate democracy rather than negarchy.
