Turkey's Procedural Challenges to Making a New Constitution
Speaker: Saadet Yuksel (Istanbul University)
Moderator: Hailey Cook (SETA-DC)
Date: February 1, 2010 @ 2:00 PM
Place: SETA-DC Conference Room
Abstract:
Designing, adopting and implementing a new liberal democratic constitution focused on the rights of individual, pose a formidable challenge to Turkey. Virtually all non-governmental organizations, political parties and legal scholars have criticized the Constitution of 1982 as a reflection of an authoritarian and statist spirit, largely as a result of the very process by which the constitution was made and adopted. The question then arises why all subsequent efforts to make and adopt a new constitution have failed? Focusing on the content and context of a new constitution, rather than also emphasizing a democratic constitution-making process, ignores a significantly important principle of modern constitution-making. The question therefore further arises what possible solutions may be applicable to Turkey's dilemma? Designing, adopting, and successfully implementing a new democratic constitution require transparency and a comprehensive consensus, which can only be provided through an inclusive process, suitable to Turkey's circumstances and the core values of Turkish society.
Event Summary:
On February 1, 2010, SETA-DC hosted Ms. Saadet Yüksel, for a presentation entitled, “Turkey’s Procedural Challenges to Making a New Constitution”. Ms. Yuksel is a PhD candidate of Istanbul University Law School and visiting scholar at Georgetown University.
As an expert on Constitutional Law, Yuksel began by emphasizing the importance of forming a new constitution in Turkey. Despite the subsequent efforts to make and adopt a new constitution in the past, Yuksel suggested that these efforts failed because significantly important principles of modern constitution making were ignored, namely the importance of the role of society, the public, and voice of the opposition.
Yuksel suggested some possible solutions to address Turkey’s dilemma on making a new constitution. In summary, the main premise of her research stresses “designing, adapting and successfully implementing a new democratic constitution requires transparency and comprehensive consensus, which can only be provided through and inclusive process, suitable to Turkey’s circumstances and the core values of Turkish society”.
Yuksel also analyzed the uncertainty of political and social landscape in Turkey in the context by which changing the current constitution would take place. She also noted that there are limited debates on having a new constitution at all. Ms. Yukel asserted: “uncertainty of the landscape and limited amount of debate are making the process difficult” says Yuksel. Ms. Yuksel referenced a case study with similar characteristics, the Spanish Model, where she suggested this is one that would be key reference point to follow. Yuksel claimed in her presentation that parties in Spain are able to reach an agreement in areas where the cases of Turkish and Spanish constitutional reform are similar, whereas in Turkey, agreements have not been reached.
Speaking on the importance of the engagement model in reaching an agreement on the new constitution, she called “enhancing political and social dialogue as a primary requirement.” Yuksel described the engagement model by internal and external factors. Yuksel also addressed the crucial importance of an internal participatory system to reflect will of Turkish society in the process.
Discussing principles of maintaining a democratic constitution making process, Yuksel suggested that the process should cover “comprehensive consensus on the most important issues, public access to the process and optimal timing”.
Concluding her policy recommendations and steps toward laying the ground work for a new constitution in Turkey, Yuksek summarized the actions should be taken in the process as “keeping the role of the society to a maximum” They should, reflect the general will of Turkish society, recognizing the ‘true constitution’ as an expression of the culture, experiences and history of Turkish society”.
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