Striking remarks from Kanadoğlu: 'We are at the bottom of our constitutional history'

Istanbul Gedik University faculty member Prof. Dr. Korkut Kanadoğlu was a guest of veteran journalist Tuncay Mollaveisoğlu on 12punto.

Evaluating the 'fool' trial opened against Ekrem İmamoğlu, Kanadoğlu stated that the judiciary has become politicized and that the boundaries of freedom of criticism should be expanded.

Kanadoğlu expressed that the decisions made by judges during the trial process were completely taken out of context and contradict the jurisprudence of the Constitutional Court and the European Court of Human Rights (ECHR).

Prof. Dr. Korkut Kanadoğlu stated that the case has no legal basis, saying, "This case has turned into a tool used to complicate the situation of the opposition, outside the boundaries of law. In the eyes of the law, this case has no value." He also noted that while there are speculations on the agenda that the appeal application will be rejected, this case holds no meaning in terms of law.

Prof. Dr. Korkut Kanadoğlu gave the following response to the question: 'What kind of Turkey would it be if a political ban were imposed on Istanbul Metropolitan Municipality Mayor Ekrem İmamoğlu?'

'I still believe that these feelings of justice exist in society in Turkey. While there is a state of impunity in many much more serious cases in Turkey, I do not think the public conscience accepts that a person whose name is mentioned for the Presidency should be excluded from politics due to a word within the scope of freedom of expression. I can say that his own political party needs to think about this and carry out a social guidance regarding it.'

THE EXECUTIVE BRANCH IS NOT BEING AUDITED IN TURKEY

Stating that the executive branch is not being audited in Turkey, Prof. Dr. Korkut Kanadoğlu noted that the country is at its lowest point in terms of constitutional history and used the following expressions:

''An unaudited executive branch has emerged. Therefore, checks and balances have been removed. We are discussing many examples that will emerge from such a political structure that we have described. Unfortunately, for that reason, we are at the very beginning, exactly that. I mean, we are at the bottom of our entire constitutional history. We need to get out of this bottom as soon as possible. Our history and our constitutional accumulation do not deserve this. I think this is a problem that needs to be solved as soon as possible, but as you mentioned a moment ago, such a constitution cannot be made in an environment that is insincere and has projects on the constitution entirely according to its own political agenda. The conditions are not favorable for making a constitution anyway.''

PARLIAMENT CANNOT DRAFT A CONSTITUTION

Istanbul Gedik University faculty member Prof. Dr. Korkut Kanadoğlu evaluated Turkey's current political conditions and stated that the current parliament does not have the authority to draft a constitution. Kanadoğlu said, "Our parliament is not a constituent assembly; it is a parliament limited by constitutional powers. It can make constitutional amendments, but it does not have the authority to draft a new constitution." He also emphasized that changing the first four articles of the constitution is not possible in terms of constitutional law.

CONSTITUENT ASSEMBLY AND POWERS

Drawing attention to the legal supremacy of a constituent assembly, Kanadoğlu stated that this assembly is not bound by specific limits and that the authority required to draft a constitution can only be provided through a constituent assembly, saying:

"The authority to draft a constitution belongs to the nation, that is, the people, but this authority must be exercised through a constituent assembly formed by the representatives of the people."

RECONCILIATION IS DIFFICULT IN THE POLITICAL ENVIRONMENT

Kanadoğlu also expressed that the current political and social environment in Turkey makes drafting a new constitution difficult.

"In an uninstitutionalized and polarized political environment, it is not very possible to draft a constitution based on consensus and negotiations," said Kanadoğlu, adding that constitution-making cannot succeed without social consensus and political stability.

ARE THE NECESSARY CONDITIONS FOR DRAFTING A CONSTITUTION PRESENT?

Stating that the necessary conditions for drafting a new constitution have not yet been formed, Kanadoğlu emphasized that different segments of society must be represented.

Citing the Can Atalay case as an example, Kanadoğlu stated, "Trying to draft a constitution in an environment where segments of society are not sufficiently represented would be wrong in legal and political terms."

Prof. Dr. Korkut Kanadoğlu stated that constitutional amendments in Turkey are not made for the purpose of democratizing the country or taking its place in the modern world, but are only used to extend the term of the government. Kanadoğlu said, "The only direction that constitutional amendments have shown so far is towards extending the life of the government."

THE PRESIDENT'S TERM OF OFFICE IS UNCONSTITUTIONAL

Making important evaluations regarding the President's term of office, Kanadoğlu reminded that the President can serve for two terms and said that this limit has been exceeded.

REGIME CHANGE AND CONSTITUTIONAL VIOLATIONS

Stating that the regime in Turkey has been changed de facto and the constitution has not been adapted to this, Kanadoğlu said, "The regime changed in a way that has no place in law, and despite this, the constitution was not applied. If the constitution had been truly applied, many violations in these processes could have been prevented."

MOVES TO ENSURE THE CONTINUATION OF THE GOVERNMENT

Pointing to the government's effort to continue with the 40+1 formula, Kanadoğlu stated that such constitutional amendments are aimed at extending the term of the current political power rather than the interests of the public. Kanadoğlu expressed, "All these efforts for constitutional amendment are not for the democratization of Turkey, but for ensuring the continuation of the existing government."