Does this mean there will be no new constitution?
 
 
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20 June 2013 Thursday
 
 
 
 
 
 
Columnists 23 October 2012, Tuesday 2 0 0 0
HÜSEYİN GÜLERCE
h.gulerce@todayszaman.com

Does this mean there will be no new constitution?

I am not asking the question above for no reason at all. Despite the fact that almost everyone acknowledges the need and even ultimate necessity of drafting a new, democratic constitution, hesitations and worries cannot be eliminated altogether.

Why this pessimism, when it is obvious that the Kurdish issue, Alevi question and other problems can only be solved, freedoms can only be expanded and the rule of law ensured by a new constitution? Why are more and more people starting to believe that efforts to draft the constitution have come to a standstill? Why is the perception that political parties involved in the process are actually dragging their feet not considered strange?

While large segments of society accept that this country should have a new constitution, it cannot be said that they exhibit any enthusiasm to this end. True, civil society organizations (CSOs) are doing their best to keep this matter alive, but there is a certain languor in respect to the overwhelming majority of the public.

A constitution is a basic legal text. It provides the main platform for democratization. The constitutions made since the coup of May 27, 1960 have all served the permeation of the government by the tutelary system. Everyone has witnessed how these coup constitutions destroyed the rule of law, curbed freedoms and facilitated large-scale corruption, making the public poorer all the time. The current constitution, drafted by the subversive generals of the coup of Sept. 12, 1980, is the greatest obstacle to democratization, as it refers to freedoms but undermines them by adding “buts” to the text.

Turkey has to get rid of this constitution. As I said before, all of Turkey's fundamental problems stem from the coup constitutions. Take the presidential election, for example. In the past, every presidential election was marked with problems and crises. There is a new situation for 2014: the president will be directly elected by the public. We are talking about a strong president who will be elected to office with more than 40 percent of the vote. In the event that the prime minister is the chairman of a political party which secures less than 50 percent of the general vote -- which is a very high probability -- there will be big problems between the prime minister and president. Prime Minister Recep Tayyip Erdoğan suggested that presidents should retain their party affiliations. He wants us to discuss presidential and semi-presidential systems. Will these debates make the process of drafting a new constitution more complicated? Will they cause additional delays? Or are they merely efforts in vain?

It is true that the new constitution is not a panacea for all our problems. When a civilian, democratic constitution is drafted, all of Turkey's problems will not be solved as with the wave of a magic wand. Rather, what we need is a change of mentality. It is essential that politicians should become more democratic, that a culture of democracy should flourish and that legislation concerning political parties and the election system should be made more democratic.

Yet the really unfortunate thing is that civilians may undermine the first opportunity they have been given to draft a constitution. This is a far greater danger than that of the trials of coups or attempted coups concluding ineffectually. Indeed, this could lead to the wasting of the democratic achievements the public achieved with the 58 percent “yes” vote in the referendum held on Sept. 12, 2010. Parliament will lose its credibility and reliability if it fails to draft a new constitution.

There is another possibility: Parliament may draft a constitution in which all obstacles to democracy, rule of law and freedoms continue without any change. The spirit of coup constitutions goes unchallenged; the tutelage is raised from the dead. A constitution is drafted, but it is not new. It is just a repackaging of the old constitution.

The public will never approve this. The overwhelming majority of the people will be disappointed. The mountain gives birth to a mouse. Those who choose this path will eventually lose.

The will that has established a parliamentary commission to investigate coups, that has examined the coup of Feb. 28, 1997 and the military memorandum of April 27, 2007 and that has put the coup generals of Sept. 12, 1980 on trial could prove impotent in changing the ongoing legacy of those coups. Turkey cannot continue on its way with such impotency.

All political parties should know that the general public will not let efforts to deceive them go unpunished. The will that was embodied in the referendum will spread to larger segments of society. Parliament owes the nation a civilian, democratic constitution, and the nation will never let debtors flee without paying their dues.

Columnists Previous articles of the columnist
12 June 2013
Criticizing the AK Party
6 June 2013
Summary of Taksim
4 June 2013
The messages we can take away from Taksim
9 May 2013
Responses to concerns and worries
7 May 2013
Inevitable direction: Plan C
30 April 2013
Process of caution and vigilance
4 April 2013
What will the wise men do?
28 March 2013
Let's try peace, shall we?
26 March 2013
Wise men board a must?
19 March 2013
New Ergenekon scenarios
14 March 2013
Headscarved penguin
12 March 2013
What happens to the AK Party if Öcalan is released?
7 March 2013
Brainstorming on the leaked minutes
5 March 2013
What will be the result of the negotiations?
28 February 2013
Games begin to muddy process
26 February 2013
What if they don't listen to Öcalan?
21 February 2013
I am a nationalist
19 February 2013
What's happening in Sinop, Samsun?
15 February 2013
Is the prime minister being political or sincere?
12 February 2013
Prime minister's visit to Saygun
5 February 2013
Dialogue is not a jacket
1 February 2013
Presidential system on the horizon
30 January 2013
Shock waves not restricted to the CHP
11 January 2013
Paris assassinations and the İmralı processes
14 December 2012
A Muslim society no impediment to democracy
2 December 2012
Ergenekon is just the means…
20 November 2012
Gaza’s heavenly children
15 November 2012
Private university prep courses, opposition and TOBB
4 November 2012
Is it solely about Erdoğan and Gül?
23 October 2012
Does this mean there will be no new constitution?
19 October 2012
Do new things really happen in Ankara?
16 October 2012
Tragedy in Western Thrace
11 October 2012
On terrorism and crying
10 October 2012
Possibility of war, Iran and NATO
25 September 2012
The whole point is to get rid of the AK Party
21 September 2012
Will terrorism end? And other questions
19 September 2012
Traces of assassinations: from Özal to Erdoğan
14 September 2012
Which button was hit in Libya?
12 September 2012
TSK statements shed light on the truth
30 August 2012
Aug. 30, Ergenekon and our army
15 August 2012
Was Aygün really kidnapped by the PKK?
10 August 2012
You should ask the PKK
7 August 2012
A new era in government-TSK relations
31 July 2012
New foreign policy in new Turkey
26 July 2012
Strategic depth and romanticism
19 July 2012
Conservatism: What we were; what have we become?
17 July 2012
HAS Party merger and beyond
12 July 2012
How was our jet downed, really?
10 July 2012
Release of deputies under detention
5 July 2012
They will not be able to make football an arena for enmity
3 July 2012
What really happened with specially authorized courts?
28 June 2012
Do it, but listen first
26 June 2012
Syria trap
21 June 2012
Before entering Kandil
19 June 2012
Hopes for peace and Dağlıca attack
7 June 2012
The situation is now clear, but …
5 June 2012
Democracy, not ‘The community,’ will be undermined
31 May 2012
New trap for the AK Party?
29 May 2012
Things that dark sunglasses hide
24 May 2012
Uludere in all its urgency…
22 May 2012
Why do we need to ride on the EU bid wave?
15 May 2012
Is a semi-presidential system on the horizon?
8 May 2012
Good news from Prophet’s Way
3 May 2012
A Silivri trap for the AK Party?
1 May 2012
Trucks in Taksim and Susurluk
26 April 2012
No, you won’t be able to destroy and eliminate it
19 April 2012
The real reason behind Feb. 28
17 April 2012
The season for birds to sing…
15 April 2012
‘What, İbrahim, can be bad about this?’
10 April 2012
Could there be an army that has its officers killed?
5 April 2012
A Sept. 12 coup for Ergenekon supporters…
3 April 2012
Quran, the AK Party and the MHP
29 March 2012
Beware: it is a plot within a plot
27 March 2012
The closure of Özgür Gündem
22 March 2012
Why does Evren still think so?
20 March 2012
My eyes are set on shores far more alluring than your polemics
13 March 2012
ÇEV, Interpol, Sabancı murder…
6 March 2012
The new constitution has a bold owner
28 February 2012
Feb. 28 from a different angle
23 February 2012
Why is there such interest in ‘Fetih 1453’?
16 February 2012
Those who infiltrate the state
15 February 2012
Sabotage: government-Gülen movement relations
9 February 2012
MİT, the judiciary and the new constitution
7 February 2012
Islamic faction and democracy
2 February 2012
Don't treat TSK and junta as the same
26 January 2012
Diyarbakır skulls are proof of our sorrows
24 January 2012
As the mystery on the east of the Euphrates is resolved
17 January 2012
Thank you, Vice Adm. Sağdıç
12 January 2012
Greatest trick of pro-Ergenekon figures
10 January 2012
Saving Başbuğ…
5 January 2012
Why was the Uludere plot devised?
3 January 2012
Who devised the Uludere plot?
27 December 2011
Ergenekon, Sledgehammer, Sivas, Maraş…
22 December 2011
Is it possible to cover up the Ergenekon case?
20 December 2011
Will a new constitution be written?
15 December 2011
Is it really all that great that we are not yet in the EU?
13 December 2011
Letter from Van...
8 December 2011
The AK Party's match-fixing test
6 December 2011
The Sunnis' responsibility on the Alevi issue
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What do the Alevis want?
...
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