New constitution and 50+1 message from Mehmet Uçum: 'It cannot be changed against the will of the people'

Mehmet Uçum, Chief Advisor to the President and Deputy Chairman of the Presidential Legal Policies Board, made assessments regarding the discussions on a new constitution. In his article titled "Turkey's new constitution agenda," Uçum argued that at the current stage, a new constitution is "now inevitable" for the Republic of Turkey.

Uçum counted the transition to the Presidential Government System and the second opening process, referred to as a "Terror-Free Turkey," among the important steps taken in line with Turkey's goals. Stating that a new constitution is one of the primary objectives of the "Century of Turkey" vision, Uçum emphasized that the final decision belongs to the democratic political leadership and the TBMM.

Uçum expressed that while the possibility of drafting a new constitution during the 28th legislative term cannot be ruled out, he views the 29th term of the TBMM as a more realistic goal due to time management and the need for preparation.

"THE 50+1 RULE CANNOT BE CHANGED AGAINST THE WILL OF THE PEOPLE"

Uçum also made assessments regarding the 50+1 rule applied in presidential elections.

"The effective two-vote right and the 50+1 rule, which have strengthened the people's will in the functioning of the system, cannot be changed against the will of the people," said Uçum, adding, "The people will not allow such counter-moves that would weaken their will."

HE HAD POINTED TO 2028 FOR ERDOĞAN

Mehmet Uçum had previously pointed to the year 2028 for the presidential election.

In a statement made within the scope of early election discussions, Uçum had said, "I foresee the elections being held on April 16, 2028. This date is the date of the referendum for our transition to the Presidential system. It has a symbolic meaning. Mr. Recep Tayyip Erdoğan will be a candidate for the last time."

Uçum's article is as follows:

"Our country possesses a unique heritage with an ancient state tradition spanning over 2,200 years. By utilizing the wise and powerful legacy bequeathed to us by our civilization, we are walking resolutely toward our goals in the second century of our Republic, adding strength to our power with the historic steps we have taken.

The transition to the Presidential Government System and the Terror-Free Turkey process are among the most important steps of this determination. At the current stage, a new constitution is now inevitable for the Republic of Turkey.

In this direction, one of the greatest goals of our Century of Turkey vision, which has come to life with the perspective of our national leader and President Recep Tayyip Erdoğan, is to bring a new constitution to our country. The era is now the Century of Turkey, and the time is now the time for a new constitution. The People's Alliance, which has become the locomotive of the Century of Turkey and stability, will undoubtedly achieve this as well.

Of course, a new constitution is always a current topic as Turkey's ordinary agenda. The possibility of drafting a new constitution during the 28th term of the Turkish Grand National Assembly (TBMM) is also a matter for our Assembly to evaluate. This possibility can never be ruled out. However, both time management and the need for intellectual work on issues that need to be matured during the new constitution process make drafting a new constitution in the 29th term of the TBMM a more realistic goal. Of course, the final decision belongs to the democratic political leadership and our Assembly."

PATCHWORK QUILT: THE 1982 CONSTITUTION

"Our country has a strong accumulation and practice in the processes of making and amending constitutions. However, today, the 1982 Constitution, which is a product of a coup, remains far from being a civil, democratic, libertarian, and inclusive constitution worthy of our country, despite all the amendments.

The 1982 Constitution has 154 articles in force. Of these, 58 have never been changed, and 45 have undergone minor amendments. In other words, two-thirds of the current constitution continues to bear the characteristics of being a product of a coup despite the 44 years that have passed. Since the principles of the first four articles (including the principle of continuity) will be preserved, and once the executive and enforcement articles are removed, reviewing the remaining 97 articles, making essential changes to some, updating some, and abolishing some is a fundamental need. In the 51 articles that have been amended, there is, of course, a need for improvement and renewal.

Under these circumstances, the view that 'almost all articles of the 1982 Constitution except the first four have been completely changed, so the goal of a new constitution is unnecessary' is a complete empty cliché and even a deliberate distortion.

This noble and heroic nation, which has said 'stop' every time to the tutelary structures created by the 1982 coup Constitution and which has embraced peace and brotherhood with the Terror-Free Turkey process despite all obstacles, does not deserve a constitution that is worse than a patchwork quilt in any way. It should be importantly stated that a new constitution is not just a need, but also a necessity."

A NEW CONSTITUTION AS A NATIONAL DUTY

"Crowning our Republic with a new and civil constitution is the duty of us all. This is not anyone's personal matter; it is a national issue for all of us.

Especially with the steps taken in the last quarter-century, there is a Turkey that is developing in a more civil and democratic direction every day, strengthening its institutional capacity, and becoming a global power with its domestic and national defense industry moves.

In these days when the Terror-Free Turkey process, which centers on the nation and protects and strengthens our people's climate of peace and brotherhood, is about to reach its destination, the foundations of a new constitution will certainly be laid.

It should be known that in the new constitution to be prepared with the spirit of 2023 and in accordance with the 2053 and 2071 visions, the Turkish nation, Turkish citizenship, Turkish as the official language and the only compulsory language of education, the republic, the unitary structure, secularism, and the democratic state of law are red lines as the gains of our national liberation and independence struggle and our constitutional accumulation. Exploitation politics on these issues or deliberate distortions intended to cast a shadow on the process will never be allowed. A discussion of a different regulation on these matters is already unacceptable.

Furthermore, the accumulations of democracy and the Presidential Government System are values that must be protected. The effective two-vote right and the 50+1 rule, which have strengthened the people's will in the functioning of the system, cannot be changed against the will of the people. The people will not allow such counter-moves that would weaken their will.

A constitution is not a regulation that produces direct executive results, but is essentially a system of guarantees. Offering this assurance to our children and youth, who are the future of our country, is our absolute debt. It should be emphasized that a constitution with a national perspective, which provides broader guarantees within the framework of rights and freedoms suitable for the age and takes measures against legal understandings that destroy fundamental values and neoliberal aggressions, is our nation's most important need. On the other hand, the trap of 'freedom fetishism' should never be fallen into in a new constitution that will carry the flag of democracy even further.

Along with the new constitution, the need to renew the TBMM Rules of Procedure, the Law on Political Parties, and election laws is also clear. I would like to state that as the Legal Policies Board, we will continue to provide all kinds of intellectual support on all these issues.

It should be emphasized that the work being done in these days when our social unity is manifested in the strongest way has a special importance. It is everyone's right and at the same time a national duty to contribute to the efforts to create legal policy toward an inclusive constitution in which every individual of Turkey today considers themselves an essential element."

TURKEY'S GREAT MARCH

"In this period when there is no rule or institutional reference left even in appearance in the world, brute force and lawlessness have dominated the chaotic global structure. Under these conditions, a strong and more accurate rule system to be developed with a new constitution will provide Turkey with many opportunities to rise within the law and with the support of the law. In short, Turkey is starting a great march. The new constitution will be the driving force of this great march.

We are sure that all elements of the Turkish nation, all segments of Turkish society, and all clusters of the Turkish people will reach the goal by using their right to make a new constitution with the authority of the original constituent power. And again, it appears that when the TBMM, which is the representative constituent power, makes the new constitution at the latest in the 29th term, the new constitution will be accepted with a very high vote rate in the public vote that will necessarily be resorted to."

News Source: 12punto