Monday, March 1, 2021

Will Erdogan succeed in drafting a new constitution for Turkey in order to avoid the “traps” of the two coups? | A nation is tweeting out of tune

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Turkish President Recep Tayyip Erdogan surprised all Turkish political circles by announcing that the time had come to change the Turkish constitution in force in the country. Since 1982, following the 1980 military coup.

During a speech after the Turkish government meeting on Monday, Erdogan said that the source of Turkey’s problems mainly stems from the constitutions prepared by the two coups since 1960.

This is in reference to the 1961 constitution, which was prepared after the military coup that Turkey experienced in 1960.

And Turkish President Recep Tayyip Erdogan, speaking about the Turkish constitution, continued: “That is why we had previously presented an initiative to draft a new constitution. But we did not reach a conclusion for the rejection of the (opposition) Republican People’s Party, and now the time has come again to debate a new constitution for Turkey.

He added, “We can move to prepare a new constitution in the next stage if we reach an understanding with our partner in the People’s Alliance (the National Movement Party).”

Recep Tayyip Erdogan explained that the government will start taking the necessary steps in Parliament regarding legislative issues. And in the presidency regarding administrative issues.

Good news

For his part, Turkish Justice Minister Abdul Hamid Gul said that President Erdogan’s statement about the new constitution is “an enthusiastic good news.”

Gul tweeted: “Preparing a new, civil and democratic constitution, which is one of the main goals of our legal reform. It will be the most precious legacy we leave for our future and our children. ”

The Turkish constitution had witnessed many changes, starting with the 1921 constitution, according to which the modern Turkish republic was established. And the change that took place after the end of the War of Independence in 1924.

And writing a new constitution after the coup in 1960, until reaching the supervision of the military who carried out a coup in the country in 1980. To write a new constitution in 1982, which is the constitution in force today in Turkey.

Despite the many amendments to him, Erdogan considered that the amendments were no longer able to end the essence of the constitution prepared by the coups. And that the country is in dire need of a new constitution.

Constitutions of Turkey since 1921

It is noteworthy that many constitutions were drafted by the Turkish state to organize its political and legal life, including the Constitution of 1921. It is a short and fast constitution that was prepared in a hurry during the War of Independence, consisting of 23 articles, and it is considered the basis on which it was established. Under the terms of the modern Turkish Republic in 1923, it was stipulated that the Prime Time Zone are the source of authority without any restrictions or conditions.

Order 1924

It was formulated after the War of Independence and the founding of the Turkish Republic, as it was after the end of the War of Independence and the establishment of the Republic. There was an urgent need for a broader and more detailed constitution that meets the country’s needs.

The amendment was easy because there were no articles restricting the amendments in the initial constitution of 1921, and the new constitution included details related to. Separating the authorities, the judiciary and others, and subjected to amendment 7 times.

Order 1961

The year 1960, which came after the Turkish army took over the administration of the country after years of security chaos, clashes and demonstrations. What is known as the National Unity Commission was formed which took over the administration of the country.

And work began on writing a new constitution that was submitted to a popular referendum and approved in 1961, and was considered a constitution that was supervised by the coup military.

Order 1982

The Turkish army took control of the country’s political life in 1980, before declaring martial law and stopping the work of Parliament and the government.

The Military National Security Council worked to form a constituent assembly from its members to write a new constitution for the country.

And after preparing a draft of the constitution, approved by the National Security Council headed by Kanan Evren, and declared a constitution for the country in 1982, following a controversial popular referendum. And very limited participation, which was considered a constitution drawn up entirely by the will of the putschists.

Amendments to the 1982 Constitution

Over the course of decades, many amendments were made to the 1982 constitution, due to many issues that were lacking in the constitution. At a time when Turkey was moving towards democracy and joining the European Union, and the erasure of all laws that support the military’s intervention in civilian political life.

Dozens of articles of the constitution were amended, either directly through parliament or through popular referendums that took place more than once.

Among the most prominent of those amendments that were made to this constitution was the amendment that was made in 1987, but the most prominent changes were led by it. The ruling Justice and Development Party and the current Turkish President Recep Tayyip Erdogan.

Where two referendums were held on broad amendments in 2007 and 2010, before the grand referendum was held to change the system of government from parliamentary to presidential in 2017.

In all, more than two-thirds of the articles of the constitution have been amended over the past decades.

Despite Erdogan’s success in passing a long series of amendments to the constitution, he suddenly announced, on Friday, that the amendments were no longer able to meet the aspirations of the Turkish Prime Time Zone.

And that the spirit of the constitutions that the putschists had put in place since 1961 did not change except by writing a new constitution for the country, opening a new page in the record of Turkish political life.

Mechanisms for preparing a new constitution

According to the existing constitution, there are several mechanisms identified in order to reach the possibility of a partial or comprehensive amendment to the Turkish constitution.

In the first stage, one third of the 600 members of Parliament must agree to submit a formal written request to head the parliament. In order to start working on writing a new constitution.

In the second stage, and after discussion sessions in the relevant committees and discussions between the political parties present in Parliament, the constitution is transferred to the General Assembly for a vote on it. In order to pass through Parliament, it needs the votes of two-thirds of its members.

This is impossible to implement at present for the ruling party. It is too early to talk about the extent of Erdogan’s ability to pass a new constitution. Through Parliament or a popular referendum, provided that this will gradually become clear in the coming months.

It should be noted that in the event that the new constitution succeeds in obtaining the support of two-thirds of the members of Parliament. It is presented to the president for approval.

Who, in turn, has the option either by approval and publishing it in the Official Gazette to become effective, or it is returned to Parliament. In order to conduct further discussions on it, or to request a general referendum on it.

In a third case, when the constitution fails to obtain the votes of two-thirds of the members of parliament, the president is in need. To support three-fifths of Parliament.

This is in order to demand the holding of a general referendum on the constitution, and the final decision at that time is for the Turkish Prime Time Zone to vote on it yes or no.

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Will Erdogan succeed in drafting a new constitution for Turkey in order to avoid the "traps" of the two coups?  |  A nation is tweeting out of tune