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News & Comment
The New Constitution or This Patchwork
News
The first round meeting on the Constitution Change bill, which proposes a transition from the Parliamentary system to a Presidential system but still retains the "Republican president" title instead of the "President", has come to an end. The bill's 18th and the last article has passed TBMM (Grand National Assembly of Turkey) General Assembly with 344 votes. (BBC)
Comment
The Constitution change bill prepared by AKP, supported by MHP has passed the first round in the parliament. On 18/01/2017, a second round will commence and in this round all articles and as in general the change package will be voted. If at least 330 MPs vote "yes", the change will be put into a referendum 60 days after it is ratified by the republican president by the end of March or start of April.
When the Constitution change is brought up, what comes to mind in Turkey are coups and the texts prepared after coups. Even though the constitution determines fundamental principles such as, the State's establishment, jurisdiction, executive and the principles of jurisprudence, rights of the individuals, the relation between the state and the individual; in 1921, 1924, 1961 and 1982 it has been changed four times in 60 years. The first change made on the last constitution that was made in the 1982 was done in 1987 and the last one in 2011 and in 18 changes of 177 articles - 113 has been changed. All these fundamental changes, the struggles to patch and even though the majority of the constitution has been changed; no politician, bureaucrat or anyone from the people defends this constitution; they even say it should in fact be changed. Though the constitution made by the army has been brought under the knife countless times by civilian governments, and if I may say so it has become civilian, still is unable to solve problems.
Even though AKP brings the issue of constitutional change on the agenda again and again since 2007, they faced the hindrances of the establishers and the protectors of the constitution, the English sided politics and its local extensions. And until now they failed. AKP's hand grew stronger in the aftermath of the operations done to PKK after 1 November elections and the operations done to "FETÖ" after the coup attempt. They also managed to come to an agreement with MHP and with it opened the way to make partial changes to the Constitution. Even though CHP is trying to prevent this change by propagating that this change is a change of regime and that even the first four articles, which are protected by another article that says that they are unchangeable, will be changed. While AKP says that the constitution change is not a regime change but that it is a system change.
MHP's president Devlet Bahçeli's answer to the question of "What will happen if the bill does not pass in the parliament?" "If such a thing happens, the parliament will become unable to work and in order to seek for a groundwork to work, the people's will has to be sought." Chairman of the Constitution Committee of TBMM Mustafa Şentop's "If the text does not pass the General Assembly then even if nobody wants an election; Turkey will be forced to an election..." Statements have been brought up as to speak softly and carry a big stick against the AKP and MHP MP's that may use a "no" vote on the constitution change.
Just like the patches to the constitution, this patch will not be different from the others and the changed constitution will not satisfy the people. Because not just some of the articles of the constitution are broken, the essence of it is broken and it is not found upon revelation.
That is why what has to be done is to make a constitution based upon the Revelation of the Lord of the Realms. Just like all the constitutions that were made until today the change that AKP is going to make will not be a fundamental change and will not solve the many current problems, because the source of the constitution should be the revelation. Man-made constitution will never solve the people's problems and will never bring happiness to them.
Written for the Central Media Office of Hizb ut Tahrir by
Musa Bayoğlu