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Mehmet Uçum: A new constitution is now an inevitable necessity

Chief Advisor to the President Mehmet Uçum, in an article he penned regarding constitutional debates, emphasized that a constitution should be a "system of guarantees." Arguing that the current constitution fails to provide full guarantees on any issue, Uçum stated that Turkey's need for a new constitution has become inevitable.

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Mehmet Uçum, chief advisor to AKP Chairman and President Recep Tayyip Erdoğan, continued the debate on a new constitution in his routine weekend column.

Uçum stated, "It is now an inevitable necessity for Turkey to attain a new constitution that will protect existing guarantees, address deficiencies, improve safeguards, and strengthen the Republic and Democracy in terms of the nation-state, the nation, the country, citizenship, the state language, national law, national judiciary, the people, the electorate, society, the family, and the individual."

The article titled "Notes on the New Constitution (2) Constitution: A System of Guarantees!", which Uçum shared on his X account, is as follows:

"In literature, many answers are given to the question 'what is a constitution?'. One of the simplest definitions could be this: A constitution is the fundamental or supreme law that regulates the qualities and organization of the state, as well as the rights, freedoms, and duties of the citizen. Like any definition, this one can also be criticized. Theoretically, constitutional debates will always continue; because theory requires it. However, the question of what a constitution means for the state and the citizen is more practical. Similarly, one can ask what the function of a constitution should be for the state and the citizen. The shortest answer to these questions is this: From a functional perspective, a constitution is a system of guarantees (safeguards).

Let us note in passing: The function of a constitution is not directly executive. In addition to creating guarantees, a constitution also establishes an order that outlines executive structures and processes, and imposes duties and responsibilities. It is the duty of state powers, that is, executive authorities, to operate this order. Therefore, highlighting implementation problems or general issues and asking 'Will a new constitution solve these?' is either a failure to understand the subject or a deliberate distortion. In which matters should a constitution create guarantees? This is the real issue.

Of course, today, fundamental rights and freedoms are guaranteed by the constitution. However, it is not enough for a constitution to produce a system of guarantees solely regarding individual rights and freedoms. A constitution must have a balance that guarantees not only the individual but also the family, society, and the state. It is clear that views arguing that the constitution should focus only on protecting individual freedoms stem from a neoliberal legal understanding. These views, defended as an individual rights-based paradigm, actually open the door to practices that weaken the nation-state and serve global imperialism. If a constitution cannot fulfill its mission of protecting national law against neoliberal legal understandings, that country's independence erodes, and global capital begins to erode the state's sphere of sovereignty. Therefore, it is necessary to understand rights and freedoms in accordance with their essence against the ideological impositions of the global system and not fall into the trap of 'liberty fetishism.' Everything being free is not freedom. The fact that social media and digital platforms, which have almost unlimited freedom, produce an anti-freedom space and lead to digital fascism is one of the most devastating proofs of this.

Today, the function of the constitution is not limited to protecting the rights of the individual. Today, constitutions must protect the national in general, and the nation-state, national law, and national judiciary in particular, alongside individual rights. Otherwise, it becomes difficult for the country to maintain its existence. If a constitution cannot protect the essence and principles of the national, that state loses its internal integrity and becomes open to all kinds of external interference.

How a country is positioned legally within the global system is determined by constitutional principles. A constitutional system that weakens the nation-state, national law, and national judiciary creates a constitutional risk that threatens the country's independence. To eliminate this risk in terms of positive law, the constitution must first guarantee the country's independence and the unity of the nation, which is at the forefront of the main powers of independence.

In Turkey, a new constitution is needed above all for a stronger system of guarantees. Because the current constitution does not have a norm order that provides full guarantees on any subject. It is now an inevitable necessity for Turkey to attain a new constitution that will protect existing guarantees, address deficiencies, improve safeguards, and strengthen the Republic and Democracy in terms of the nation-state, the nation, the country, citizenship, the state language, national law, national judiciary, the people, the electorate, society, the family, and the individual. In the next article, we will discuss what the guarantees in these areas are."