Drafting a constitution that will not be followed

When I began my studies at the Faculty of Political Sciences, in my first Constitutional Law class, Prof. Muammer Aksoy said, "There is no written constitution in England, while Turkey has one of the best constitutions in the world; however, when both countries are compared in terms of respect for the law, it will be seen that what matters is not drafting a constitution, but adhering to it." 

Unfortunately, after the September 12, 1980 coup, the 1961 Constitution, which was a contemporary constitution, was abolished and the 1982 Constitution was put into effect. 

The 1982 Constitution has been amended many times. The AKP government made very significant changes to the constitution in 2007, 2010, and 2017. 

With the amendment made in 2007, the principle of electing the president by popular vote was introduced, shaking parliamentary democracy to its core. 

With the 2017 constitutional amendment, the separation of powers was destroyed, and a personalized power structure was created in which the executive branch dominates the legislative and judicial branches.

With the Council of Judges and Prosecutors created through the amendments in 2010 and 2017, judicial independence and trust in the judiciary were destroyed.

At the root of all of Turkey's economic, political, and legal problems lies the phenomenon of failing to comply with all laws, starting with the constitution.

Today, the decisions of the Constitutional Court (AYM) and the European Court of Human Rights (ECHR) are persistently not being implemented.

Fundamental rights in the constitution, primarily freedom of assembly and expression, are being rendered dysfunctional.

As can be seen from the legal developments regarding Can Atalay, the judiciary is being shaped and even directed. 

The revolutionary laws, which are under constitutional protection according to Article 174 of the Constitution, are being hollowed out.

According to Law No. 677 on the Closure of Dervish Convents and Tombs, the Abolition of the Office of Keeper of Tombs and the Prohibition of Certain Titles, sects that are stated to be prohibited and illegal are entering schools through protocols made with the Ministry of National Education.

Law No. 430 on the Unification of Education, which was implemented to bring educational institutions under a single roof in accordance with the principles of secularism, nationalism, and modernity, is not being applied; secularism, the unity of education, the Turkish language, and co-education are being made subjects of debate in schools.

Former President Turgut Özal had said, "Nothing happens if the constitution is violated once," but now the constitution has become something that is violated every day.

Today, instead of changing the constitution, the enforcement and implementation of the constitution should be discussed.

The election threshold, the desired regulations regarding headscarves and the family in the constitution, and the desire to restrict the powers of the Constitutional Court or even abolish this court give us clues as to what kind of constitution is intended to be drafted.

Since it would be unrealistic to expect a constitution that complies with the norms of a state of law from a mindset that ignores constitutional institutions and the current constitution, it would be the right stance for the opposition not to enter into constitutional debates.

Although drafting a constitution that will be implemented and followed by everyone one day remains a distant dream for now, it is the greatest hope of us, the generation of the republic.