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May 27, 2012
 
 
 
 
 
 

AK Party resolute on referendum regardless of top court verdict

31 May 2010 / ERCAN YAVUZ, ANKARA
Recent remarks by the Constitutional Court President Haşim Kılıç about the possible nullification of a few articles included in the government’s constitutional reform package have angered the ruling Justice and Development Party (AK Party), which has expressed the will to have a public vote on the package even if the top court decides to annul some articles.

“Kılıç has revealed the color of his vote. He committed a crime. This is a legal scandal,” AK Party parliamentary group deputy chairman Bekir Bozdağ told Today’s Zaman. “We will not give up on the idea of a referendum on the amendment package despite the nullification of a few articles by the top court,” he added, categorically denying claims that the ruling party has plans for early elections.

Bozdağ’s remarks were in reaction comments by Kılıç, who publicly said on Friday that the Constitutional Court is not considering annulling the whole constitutional package. “The court will examine only four or five articles,” he said. The “examination” refers to the evaluation of the content of the package, which the Constitutional Court is not entitled to do. A top court evaluation can, however, solely target procedural matters.

The AK Party parliamentary group deputy chairman also said his party does not plan to hold early elections, adding that the AK Party will continue to tell the nation about Turkey’s need for constitutional amendments until the next parliamentary elections on July 17, 2011.

The AK Party is concerned that the Constitutional Court may spoil the government’s plans to amend the existing Constitution, which was drafted under martial law after the Sept. 12, 1980 coup d’état. The party vowed to change the Constitution when it first swept to power in 2002, but failed to do so because of the reluctance of the opposition parties in Parliament.

The ruling party is closely monitoring the top court and is trying to guess whether it will make another scandalous decision similar to the one it made regarding the constitutional amendments supported by 411 deputies, who voted in favor of lifting the headscarf ban at universities.

Bozdağ: We will ‘appeal’ the decision

Bozdağ also told Today’s Zaman that the AK Party will “appeal” the verdict if the Constitutional Court decides to annul the constitutional amendments. “Our appeals court will be the nation. We will take the amendments to a referendum. We will tell the public about the constitutional amendments. The public stands as the ‘appeals’ authority on this issue. A possible annulment decision by the court will be turned down by the public,” he remarked.

According to Bozdağ, opposition parties’ expectations for early elections will remain a “dream.”

“We do not plan to hold early elections by any means. Each article included in the constitutional amendment package is a ‘win’ for Turkey. We will head for a referendum even if only three articles do not get annulled by the Constitutional Court,” he said. He also said he does not believe the top court will annul the package.

“The Constitutional Court said in its decision about the headscarf amendments that Parliament cannot make amendments to the Constitution without permission by the court. The existence of Parliament will lose meaning if the court makes a similar decision again. The top court will violate the Constitution if it decides to annul the amendment package. People will question its legitimacy,” Bozdağ noted.

 
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