Turkey’s system problem


With just five days left until the presidential election, the first round of which is slated to take place on Aug. 10, the presidential candidate that takes office through the first ever popular vote for president, beyond any doubt, will force the administrative system of the country. It is stipulated by law that the candidate is to receive at least 50.01 percent of the vote in order to be elected. It is obvious that this figure, which outnumbers 50 percent, will introduce a very strong president to the government that itself received fewer than 50 percent of the vote in the general elections. This high voting rate will add strength to presidential authorities, which were greatly expanded in the 1982 Constitution by giving the office powers such as supervising Parliament and even shutting it down. The 1982 Constitution was formed in line with the demands of the masterminds who staged the 1980 military coup, whose primary objective was to maintain the dominance of tutelage on Parliament even if the administration was handed to civilians.Thus, it seemed as if the country was administrated by a semi-presidential system rather than a parliamentary one. As a clear indicator of tutelage, this power was utilized by the circles that had influence on presidential elections. Thus, presidential elections have always had the potential to trigger serious crises. Well, presidents were elected by the Parliament; however, political parties in the Parliament were either affiliations under the influence of tutelage or political movements under the direct dominance of it. The pro-tutelage powers either staged coups or conducted interventions of this kind when they faced any result that did not match their interests. It is not coincidental that apart from Turgut Özal and Abdullah Gül, all previous presidents either came from a military background or were civilian figures under the pressure of tutelage.That is why the much-debated presidential election in 2007 sparked a crisis. The tutelage, which consisted of military and judiciary powers as well as the media, tried its best to hamper the presidential candidate of the Justice and Development Party (AK Party). The military released a memorandum and threatened the government with a coup. The Constitutional Court, moreover, stipulated a quorum of 367 votes, which equaled one more than two-thirds of votes, for the presidency, as opposed to the previous system that required 226 votes – one more than half of the votes. In order to tackle this problem, the AK Party called for a constitutional referendum and demanded that the president be elected by popular vote.Undoubtedly, enforcing through the threat of coups may bring Parliament under control; however, it does not work to affect people's votes. This system is more democratic and more secure. But, after all, the administration has serious contradictions with itself. Turkey has a system that has a lot of vulnerability as it neither conforms to a presidential nor parliamentary system. It is likely that the president, who is expected to receive more votes than the ruling party itself, will feel more legitimate and powerful. In the case that the head of the government and president are not of the same party, it may cripple the works of the Parliament, while serious problems may erupt even when these two offices are occupied by the same party. The accumulation of executive and legislative powers in Parliament and the authority that allows the president to appoint a significant portion of positions in higher judicial bodies violates the principle of the separation of powers. In the current situation, as well as spending all its energy on legislation, Parliament has to shoulder the executive responsibility. This leads to a significant loss of energy and time.It is predicted that Prime Minister Recep Tayyip Erdoğan will win the presidential race in the first round of the election. It is certain that the AK Party will continue as the ruling party and this is an advantage for the transition period. Turkey should make the best of this advantage and it should cleanse its systematic contradictions through the new constitution as soon as the election is over. It seems that a presidential or semi-presidential system will pave the way for a new Turkey and prepare it for the new century.