It may appear to have been set aside amid more pressing issues, but the new constitution remains on the agenda of the Justice and Development Party (AK Party). The party’s deputy chair, Hayati Yazıcı, says they are planning a workshop on the matter in October.
“We will discuss a road map, methods to draft a new constitution and the party’s role,” he said.
The debate over the Constitution has been lengthy, and for more than a decade, President Recep Tayyip Erdoğan and his AK Party championed the struggle to gain the support of other political parties to draft a new constitution. The opposition has been reluctant and, at times, outright hostile to the attempts to create a new constitution. Their reasons were mostly political and they opposed a constitution to be “imposed” upon them by the government, despite Erdoğan’s repeated remarks that they want to consult with other parties before starting the work.
The current Constitution was enforced in 1982 following a military coup that led to the detention of hundreds of thousands of people along with mass trials, torture and executions, which still represents a dark period in Turkish political history.
The document has undergone nearly 20 amendments over the years to keep up with global and regional geopolitical conjectures. The most notable changes were introduced via referendums in 2010 by enabling the trialing of the 1980 coup plotters in civil courts and in 2017 by replacing the parliamentary system with an executive presidency.
In 2007, the AK Party attempted an overhaul when it employed a commission to produce a draft, which was shelved upon heated criticism from the opposition.
Since then, the party has been working on “stronger” material. Its proposed changes focused on freedom, the right to security, the right to a fair trial, freedom of speech, and the rights of women and the disabled. The enhancement of these rights and liberties has seen setbacks in the bureaucracy that have prevented them from being appropriately implemented.
At least 400 lawmakers must ratify a new constitution draft in Parliament. Anything over 360 votes would allow a referendum, allowing the people to decide. The AK Party retained 268 seats in the 2023 parliamentary polls, far higher than its closest rival Republican People's Party (CHP), which won 169 seats. The AK Party, however, is part of the People’s Alliance, which also includes its closest ally, the Nationalist Movement Party (MHP), and together, they have 323 seats.
Following the March 31 municipal elections, Parliament Speaker Numan Kurtulmuş has launched a round of one-on-one talks with leaders of political parties, seeking an agreement on the methods to draft a new constitution.
Yazıcı told Anadolu Agency (AA) on Monday that a brand new constitution is always on the agenda of Türkiye and his party proposed it on every platform. “This is not a simple desire. It is a necessity. It is a right of this nation,” he said.
“The nation could not exercise its right to draft a new constitution so far. The constitutions enacted during the republic and prior to that period were drafted under extraordinary circumstances. 1961 and 1982 Constitutions themselves were drafted by putschists,” he highlighted.
“The Constitution reflects the democratic outlook of a country. Türkiye needs such a significant text. Amendments made to the current Constitution caused incompatibility and loopholes in articles. Moreover, implementing amendments takes time. We see shortcomings in implementation. We call upon political parties to discuss these,” Yazıcı stated.
Explaining the process, Yazıcı said preparations for a new constitution have started via a scientific board formed upon instruction of President Erdoğan and that board has prepared a draft. He said they were willing to discuss it. “We will draft the constitution together and this is the right thing to do. Everyone should contribute to it,” he said.
The workshop will bring together legal experts, political sciences experts and academics in relevant fields.
“It is going to be a scientific meeting. We will hear suggestions and then, we will prepare a report for approval of our party’s administrative board. We will be in touch with other political parties. We desire to have a consensus with them,” he said.
He said they may consider forming a joint committee if the workshop succeeds. The AK Party organized a similar workshop in the past, but Yazıcı says the committee created back then simply found consensus with parties over the review of existing articles of the Constitution.
Yazıcı also signaled a referendum if the new constitution is created. “You have to get the approval of the nation even if Parliament passes it,” he underlined.
