Constitutional Reforms Proposed in Turkey

On 22^nd March, 2010, Turkey’s ruling party announced its constitutional amendments package. The proposed changes are poised to trigger radical changes in the country’s judicial system and change the procedure for party closures.

Turkey's ruling party, AK Party, continues to state that none of these proposed changes were designed to strengthen the party's political hold in the country but these reforms are intended to strengthen the power and the sovereignty of the people.

Headscarf Debate Soars in Turkey

A proposed change in the Turkey Constitution’s 10th Article is interpreted to be a positive attempt to usher in an era of gender equality by lifting the ban on headscarves in Turkish universities. Changes are proposed to strengthen child protection rights as well. Let's not forget, human rights violations in Turkey have been rampant.

Also, the country’s public servants, who currently have the right to collective bargaining with the government, would be given the right to collective agreement without the right to strike against the government.

Some highly significant and controversial changes that have been proposed include:

• Urgent need to have a new Constitution
• Parliament to be vested with the power to prevent closure of parties
• Enable civilian courts to try military officers, even including the leaders of the famous 1980 military coup.
• Establish an effective ombudsman system to tackle legal problems that arise between the citizens and state institutions.

Party Closures Tightened in Turkey

Political party closures will be tightened. The new package requires all such cases to have the approval of the Parliament. Financial supervision of these political parties will be carried on by the Court of Accounts.

Restructure the Turkish Constitutional Court

The current Turkish constitution was drawn up in 1982, just two years after a military coup took place in the country. For the same reason, there is considerable buzz in high places that Turkey cannot continue to grow with this Constitution.

Here is a peek into what the proposed changes are about:

• The proposed package will change the structure of the Constitutional Court. There are 11 members in the top court and this will be increased to 19. Out of this, sixteen will be appointed by the country’s president and three will be elected by the Parliament.
• The structure of the Supreme Board of Prosecutors and Judges will also change. The Council will comprise 21 actual members and 10 as reserve members. Any HSYK decisions pertaining to suspension from profession will be subject to legal appeals.

Judges and Political Parties Condemn Proposed Reforms as Unconstitutional

Senior judges have openly condemned these constitutional reforms as unconstitutional. They stated that these proposed changes were designed to decrease the power of the judiciary and strip it of its independence.

Turkey’s main opposition party, known as the Republican People's Party (CHP), have decided to strongly oppose this package in a parliamentary vote, so have other opposition parties. The Turkish government will require two-thirds majority in the Parliament to see these reforms through.