As you probably know, almost all of the constitutions Turkey has had were prepared and adopted under “extraordinary” circumstances. Because of this constitutional history, which is quite similar to that of Latin American countries, Turkish constitutions, including the current one, were designed as “power maps” rather than as documents of fundamental principles and bills of rights that establish the rights of citizens vis-à-vis the state.
As power balances changed, so have the constitutions. Apart from several completely new constitutions in the last 50 years, we have also made countless amendments to each of them to adapt them to the realities in Turkey, and these amendments have made our anti-democratic constitutions incoherent. Thus, the outdated, incoherent and anti-democratic Constitution of 1982 (which is still in force) itself spells the need for a new constitution. I believe there will be intense debate and preparation on a new constitution after the upcoming general elections.
However, in terms of the preparation process of this brand new constitution, I am not sure if the Justice and Development Party (AKP) government is aware of the importance of the procedure for preparing a democratic and participatory constitution. As far as I can see, government circles are too focused on the content of this new constitution and not the preparation process itself.
Preparation process vital
The 1982 Constitution was prepared following a coup d’état and accepted through a referendum in which more than 90 percent of Turkish voters voted in favor of the constitution. A referendum does not make a constitution democratic; the crucial thing is the level of participation of people in the preparation process.
What we need now in Turkey is to explain to all of our citizens why a new constitution is necessary. The AKP should then seek consensus with all other political parties on the “fundamental principles” on which this new constitution will be based. The next step should be convening a kind of “preparatory assembly” which will represent all sections of society and whose only task will be to work on the preparation of Turkey’s new constitution. That the preparatory assembly includes representatives of all parts of Turkish society should be considered to be of utmost priority.
But these steps are not enough. Freedom of speech and freedom of expression should be guaranteed at all levels for everyone involved in the discussion. If one considers how many taboos we have, it becomes clear how important guaranteeing free speech is. Preparing a constitution is an act that resembles establishing a state from the very beginning. And if the constitution is to be a people’s constitution, then all fears and concerns should be put aside for these discussions. Of course, in a deeply divided country it is not easy to find broad common ground, but if the government understands the serious nature of preparing a new constitution, it will not be impossible to find a consensus, even if only a narrow one.
Making a new constitution requires substantial preparation if it is to be democratic. Without gearing up for a long and arduous process, it is not possible to talk about a new and a democratic constitution. The government does not have to draft a new constitution. If it wants to make it, it has to follow a participatory preparation process that I discussed very briefly above. What we need is a constitution that all Turks, including our judges, respect and feel bound by.
Aristotle’s explanation of what made the constitution of Carthage great is still valid for us: “The superiority of their constitution is proved by the fact that the common people remain loyal to the constitution.” Therefore the matter is not only to come up with a democratic constitution but also to be able to give the people the feeling that this constitution is theirs. What we need is a kind of “Carthaginian constitution,” one which will be respected by all citizens. And the only way to achieve this is to make sure that everyone contributes to the process.
