In 1946, for the needs of post-war Europe, Sir David Maxwell-Fyfe, a British politician and attorney general, said: “The law is a living thing. It is not rigid and unalterable. Its purpose is to serve mankind, and it must change and grow to meet the changing needs of society.” Today’s Turkey also needs reform in law, and the rule of law must be strengthened and evolve to serve all its citizens.Civil society needs to involve itself with this living law creatively, rather than seeing it as fixed, unalterable and as a means to be used in power struggles between mighty groups. Also, in a modern democracy, civil society should engage with the law and “humanize” the state and its institutions, bringing it into line with “public conscience.” That is, citizens urge governments to comply with and implement the law and to develop it for the benefit of all rather than for the narrow interests of particular groups.
In addition, the law in any particular society is formed with respect to its ethical foundations, arising from its common conscience. Therefore, in contemporary societies citizens are encouraged to be continually involved in refining their consciences in the light of current affairs, and also to monitor the rulings and actions of the judiciary. Thus, the law is not static but evolving, and cannot be abandoned to the dictates of partisan politicians and legal professionals of a certain period. Civil society must therefore play a big part in reflecting the public conscience and international law.
However, this view encounters official and public cynicism in Turkey today. People are perplexed as to whether the law has real force and applies equally in all circumstances. Although some articles of the Constitution are well articulated, when they are applied to cases affecting certain interest groups, the protests start. Some of the judiciary condemns ordinary citizens for meddling in the law, saying that individuals are “unqualified” to uphold the law or to “take the law into their own hands.” It seems only the select few can be involved, those chosen from among certain associations of prosecutors and judges; it is apparently not up to the government or Parliament to deal with legislation and the execution of the law or the Constitution.
But these are all false arguments that hold our society back. They have prevented the courts from acting as a necessary balance to the power of the executive and ensured that they do not do their job of judging whether, for instance, gangs and putsch-minded people within the judiciary and the armed forces are acting within the law. This lack of judicial oversight has allowed our state to cover up illegal acts.
Nonetheless, one simple route for civil society to bring governments to comply with and develop international law is campaigning for the implementation of EU regulations and requiring our institutions to comply with existing international law. Through education and lobbying, civil society organizations encourage debate and urge governments to uphold international law by suggesting various policy changes.
Individuals and groups have also requested a judicial review of government decisions and the indictment of government and military leaders who have been complicit in plots, extrajudicial killings, coups and crimes against peace and humanity as well as those involved in the preparation of such crimes.
This is all part of the process of bringing our society into line with international human rights law. Civil society is often well ahead of institutional changes, so legal challenges may not work out at a particular time. Nevertheless, they often succeed at a later date, when attitudes have changed and institutions have caught up. Thus courts must continually be presented with the opportunity and challenge of implementing international law on human rights and of acting independently of the executive.
The strength and wisdom of a society lies in its people. We need the government and legal system that we deserve as contemporary citizens of a civilized international community. We believe we are not completely powerless but are responsible individuals. Thus we cannot stay silent when we see gross crimes being committed in our name. We have seen the active deployment of weapons and plots that could destroy the fundamental principles of law, the Constitution and international law. Taking the law seriously, we call our institutions to account. We become part of the force behind the evolution of our society, taking a part in shaping the law and ensuring its implementation.
