Chief Adviser to the President’s ‘new constitution’ message: ‘The first 3 articles...’

Chief Adviser to the President and Deputy Chair of the Presidential Legal Policies Council Mehmet Uçum published a post titled "New Constitution" on his X account. 

In his article, Uçum addressed the necessity of a "new constitution." Uçum used the following sentences in his article:

"Türkiye’s ordinary agenda, the debate over a “New Constitution,” is again coming to the fore. What is clear is that this debate will continue until our country has a new constitution.  Because a new constitution is Türkiye’s objective need, independent of subjective assessments and individual wills. Until this need is met, a new constitution will continue to be part of our country’s ordinary agenda. 

Of course, although a new constitution is being targeted, there is broad acceptance across society that it will not be a construction from scratch, a complete reset. 

A constitution in which the Republic, the founding leader of our Republic Atatürk, the unitary structure, a democratic, secular, social state and the rule of law based on justice and human rights are fundamental, the official language is Turkish, the flag is the red flag with the crescent and star, the national anthem is the İstiklal Marşı, and the capital is Ankara (that is, the first three articles) is indispensable for our Nation.

In the new constitution, preserving and developing the presidential system, which is a fundamental gain of the people’s will, and the principle of democratic legitimacy in terms of all powers, and maintaining the 50% +1 rule are requirements of the gains of the people’s struggle for democracy. 

 It is clear that the principles of our Republic and our democratic experience will be the base, in other words the strongest foundation, of the new constitution. 

What Could the Main Principles of the New Constitution Be:

“A new constitution” that will rise on the foundation of the Republic and democracy and, 42 years later, will enable us to be completely rid of the coup constitution, with its name, philosophy and content suited to our age.

“A civilian constitution” prepared not according to the demands and will of institutional structures and elites, but according to the demands and will of the people.

“An inclusive constitution” based on an encompassing approach to the Turkish Nation and Turkish Citizenship, in which every individual in Türkiye regards themselves as an essential element.

“A libertarian constitution” in which every kind of right and freedom of the individual is fully included, new-generation fields of rights and freedoms are defined, and rights and freedoms are the rule while restrictions are the exception.

“A protective constitution” that guarantees the protection and development of the material and moral existence of individuals; guarantees the protection of nature, the environment, the climate, seas, coasts, forests, water resources, natural resources and underground wealth, and their proper use in the public interest; and includes legal measures that will serve the purpose of protecting people against natural disasters.

“A social constitution” that enables many social justice approaches and new social policies, such as everyone having income security, equality of opportunity in general, a fair minimum wage for workers, the right to free health care, the right to free education, the full right to social security, additional support for vulnerable social groups, the development of different social assistance and social service opportunities, the full realization of the right to work, and a transition to a fair income distribution system that will reduce upward the differences between income groups in society.

“A constitution that enables advanced democracy” through institutions such as the right to electronic participation for the development of electronic democracy/an individual-initiative democratic system operation, the people’s right to recall deputies, the people’s right to propose laws, the people’s right to an abrogative referendum, the people’s right to apply to the Constitutional Court for abstract norm review, the diversification and strengthening of opportunities and channels for public participation in the legislative process, and structures and functions through which the people’s will will also be effective in judicial processes.

Every sovereign state, while creating and applying its positive law, produces law with a survival-based political legal understanding and applies it with a survival understanding. Indeed, this is what many Western states do. A legal practice that would create a survival threat or provide ground and strength for survival threats is not legitimate for a sovereign state and can never be accepted.Therefore, “a national constitution” that guarantees the protection and development of the material and moral existence of the state and enables the protection and strengthening of territorial full independence in all its dimensions."

NEW CONSTITUTION

Türkiye’s ordinary agenda, the debate over a “New Constitution,” is again coming to the fore. What is clear is that this debate will continue until our country has a new constitution. Because a new constitution is Türkiye’s objective need, independent of subjective assessments and individual wills.…

— Mehmet Uçum (@mehmetucum) April 28, 2024

News Source: 12punto