And following an overwhelming vote in favor of these amendments in a referendum held on Sept. 12, he called on all those concerned, political parties as well as civil society organizations, to prepare their proposals for the new constitution to be adopted by Parliament to convene after the general election in June. He even instructed the chairman of the parliamentary Constitutional Committee to start preparations. The leader of the main opposition Republican People’s Party (CHP), Kemal Kılıçdaroğlu, responded by stating that there was no need to wait until after the general elections to adopt a new constitution, although in private he conceded that it would not be possible in such a short span of time.It is, anyhow, clear that a new constitution to consolidate liberal democracy is on the agenda in Turkey, and all concerned need to put forward their ideas at least on which main principles the new constitution should be based upon. My own suggestions for basic principles, if not for an ideal constitution but one that can be adopted by broad popular consensus, for a constitution that would not only secure a liberal democratic regime but also the territorial integrity of the country are given below.
The state of Turkey is a republic. Its political regime is a liberal and pluralist democracy. (This means that all references to Kemalism and Turkish nationalism in the current Constitution have been abandoned.) In all schools, civilian and military, and at all levels, courses on the “principles of the regime and culture” are compulsory. Freedom of expression can be restricted only on grounds of incitement to violence or racism, and libel. Political parties can be banned only on grounds of propagating or using violent methods and for racism. Regulations regarding the exercise of basic rights and liberties cannot conflict with international human rights conventions, and in particular with the European Convention on Human Rights.
The Republic of Turkey is a unitary state. Public administration, however, is reorganized with a view to substantially decentralize the existing over-centralized state. Powers other than those that have to do with the main functions of a state (that is, defense, foreign policy, management of the national economy, and justice) are turned over to local governments.
The Nation of Turkey (and not the Turkish Nation) comprises citizens of the Republic of Turkey. The official language is Turkish, but local governments are entitled to use in their activities other languages that are spoken locally. The state has to provide for education in the mother tongue, as requested by individuals in higher education, and by parents of students in primary and secondary schools. Private schools are entitled to give bilingual education in Turkish alongside any other language.
The Republic of Turkey is a secular state. This means that the state does not accord official status to any religion, and does not discriminate in favor of any religious creed. (This means that Sunni-Hanefi Islam ceases to be the undeclared state religion.) All religious beliefs and practices are free so long as they do not conflict with basic human rights. The state respects all religious creeds, including non-religiosity, and stands at equal distance to all. (This means that the Directorate of Religious Affairs that currently monopolizes and controls all religious affairs in line with Sunni-Hanefi Islam will be taken out of the state apparatus and accorded autonomous status.) Taxes for religious services are voluntary, and collected by the state. All places of worship have equal status and enjoy equal rights. There are no compulsory courses on religion. Underage students can be given religious education at school in line with the demands of their parents.
The Republic of Turkey has a parliamentary form of government. The president is elected by Parliament and cannot possess any powers incompatible with the parliamentary regime (as is the case currently). The chief executive is the prime minister. Election law meets the requirements of both stable government and fair representation of all political parties. Members of the Constitutional Court are elected by Parliament with two-thirds majority among candidates that possess the high qualities necessitated by that office.
The Armed Forces of the Republic of Turkey are subject to the authority of the elected government. The chief of General Staff is subordinate to the minister of defense. The Ministry of Defense is responsible for all aspects of defense policy. Military service is not compulsory. The Armed Forces are to become entirely professional after a transitional period, during which the right to conscientious objection is recognized. The higher education system comprises public universities and non-profit universities administered by educational foundations. All universities have academic, administrative and financial autonomy.
