The Constitution is Suspended

Member of Parliament Can Atalay remains in prison. What the law dictates is clear. The Istanbul 13th High Criminal Court, the Court of Cassation, and the Office of the Speaker of the Grand National Assembly of Turkey (TBMM) are turning a deaf ear to what the law dictates. 

Turkish courts, including the high judiciary, and all institutions of the Republic of Turkey, starting with the TBMM, must be bound by the Constitution. 

Look at what is stated in the preamble of our Constitution: ''The absolute supremacy of the will of the nation, the fact that sovereignty belongs unconditionally to the Turkish Nation, and that no person or organization authorized to exercise it on behalf of the nation can step outside the liberal democracy indicated in this Constitution and the legal order determined by its requirements...''

As we see in the Can Atalay case, the Istanbul 13th High Criminal Court and the Court of Cassation, which derive their legitimacy from our Constitution and make decisions on behalf of the Turkish Nation, are stepping outside of 'the liberal democracy indicated in this Constitution and the legal order determined by its requirements'. This is a rebellion against the Constitution and the will of the Turkish Nation. 

The situation is that serious. The opposition is also voicing this seriousness. But sometimes, voicing it is not the same as doing what is required. Yes, there is a rebellion against the Turkish Nation and the constitution of the Republic of Turkey. 

Is it important who is carrying out this rebellion? Of course, it is important. Note that the Constitution does not address any random citizen. We have many written legal rules that regulate the duties and obligations of citizens and what will happen if they do not fulfill them. There is no doubt that these also have a place in the Constitution. 

We do not place enough importance on whom the Constitution addresses and what it means. The Constitution is not just any law. The Constitution does not even need to be written. The Constitution is the structure, the essence, and the nature of a state. However, our Constitution goes beyond this, acting as a commitment text that limits the state by its own word, with a contractual understanding.

The state commits: ''Article 2 – The Republic of Turkey is a democratic, secular, and social state governed by the rule of law, within the concepts of public peace, national solidarity, and justice, respectful of human rights, loyal to the nationalism of Atatürk, and based on the fundamental tenets set forth in the preamble.''

The state has shared with its citizens the commitment it has made itself obligated to follow, in order to limit the authority that holds its own power and to protect citizens against this authority. 

As such, those who take charge of the state apparatus are calling into question the reason for the state's existence (Raison d'État), the legitimacy of the state, and, in essence, their own legitimacy. 

The Constitution of the Republic of Turkey is currently effectively suspended. The situation we are in is more dangerous than a State of Emergency (OHAL) or Martial Law, which are also limited by the Constitution. While even war has its own laws, there is no law in the current situation. The perpetrator holding the state apparatus is saying that they do not recognize law, legislation, or the state. If the opposition truly grasps the meaning of this, it must re-examine its position in parliament and local governments. Otherwise, we will all be content with playing our roles in a ''democracy theater''.