![\"TBMM'ne](\"https:\/\/assam.org.tr\/wp-content\/uploads\/2022\/02\/9eca7e7549925d3f08d69835504d7e70.jpg\" "\\"ASSAM")
\nMAY OUR NEW CONSTITUTION BE AUSPICIOUS<\/strong><\/p>\n GNAT has undertaken a historical task. More precisely, in the last general elections, our nation gave this task to the GNAT. The Assembly has also started a study that allows the participation of all segments of our people. We perceive this preferred method in the preparation of the new Constitution as an important feature that allows everyone to get it off their chest. Because those who have been personally harmed by the unlawful acts have important issues to tell.<\/strong><\/p>\n As the Justice Defenders Association (ASDER), the victims of the last coup period and former members of the Turkish Armed Forces, who were the architect of the tutelage established on the political will, who served at various levels, they have important observations to talk about both the tasks and powers of the Armed Forces and the system generally.<\/strong><\/p>\n <\/p>\n Because some rights granted by laws have been usurped by Constitutional institutions based on the provisions of the Constitution.<\/p>\n Fundamental rights and freedoms are included in the Constitution as if to prevent them from being used but to prevent them, and believers and ethnic groups who do not share the official ideology are made the target of oppression and state forces. Care was taken to maintain the dominance of the dominant powers rather than being a social contract.<\/p>\n In the 1982 Constitution, although it seems that there is no obstacle in the use of fundamental rights and freedoms, a small request related to belief faced unlawful obstacles and the Constitutional Institutions put pressure and prohibitions into practice with the cooperation of the Constitutional Institutions. Then, coups, interventions, fine adjustments, obstacles, prohibitions, pressures began.<\/strong><\/p>\n The 1982 Constitution, with its general features, did not leave the administration of the state to the nation, but had a structure that limited the powers of the legislative and executive powers, and on the contrary, increased the powers of irresponsible institutions against the nation. This situation, first of all, has led to relentless conflicts between the state organs, which should work in harmony, as a result of the irresponsible use of the given excessive powers.<\/p>\n The 1982 Constitution divided the government into two. On the one hand, the legislative and executive institutions that represent the national will, and on the other hand, the institutions in which the powers of the state are handed over. These institutions are endowed with such powers that they can tie the hands of those elected by the nation whenever they want. In other words to explain the situation; two captains on a ship, one turned the rudder to the right and the other to the left. The ship did not go in the direction that the two wanted, and sometimes faced the risk of embarking on a rock.<\/p>\n Armed Forces, Supreme Judiciary, Council of Higher Education and other independent constitutional institutions<\/strong> in the past; With the authority they got from the Constitution, they created ideological staffing that is contrary to the values of the Nation. They have rendered the political powers, whose ideology they do not share, incapable and inoperable. They have destroyed the political stability and destroyed the national will that chose it. They trampled on fundamental human rights and freedoms and inflicted irreparable harm on the State.<\/p>\n By emphasizing the principle of fairness in representation, the administration, which was handed over to weak coalition governments, resulted in weaknesses and the resulting instability turned into an invitation to military coup and interventions.<\/p>\n The strong central government principle implemented as a form of government, on the one hand, limited the opportunity to meet local needs effectively, on the other hand, it made it difficult to protect and monitor the interests of the country at the highest level and in a timely manner in the shrinking region and world. Regional government systems were rejected by narrow-minded mentalities as they were seen as a step to disrupt the unitary structure.<\/p>\n Likewise, in a liberal world, the demands of ethnic entities and different beliefs, which should be considered the wealth of our country, have reached dimensions that cannot be resolved with a centralist approach. The fact that trying to meet these demands with oppressive practices and outdated discourses and methods may lead to the deterioration of the main unitary structure has become incomprehensible due to the current constitutional legislation.<\/p>\n Before proceeding to the question of what kind of constitution, it is useful to take a look at the foundations of the 1982 Constitution that allowed the restriction of fundamental rights and freedoms and the establishment of guardianship over political powers in our recent history, as well as the practices established using these foundations.<\/strong><\/p>\n a. CONSTITUTIONAL BASIS OF COUP;<\/strong><\/p>\n Coups and bans have taken their basis from legal legislation and have been implemented by ideological personnel in Chaos and unstable areas.<\/strong> In other words,<\/p>\n the first basis<\/u><\/strong> of the coups is legal legislation<\/u><\/strong>, primarily the Constitution;<\/p>\n the second basis<\/u><\/strong> is ideological staffing<\/u><\/strong>, which is formed by making use of this legal legislation;<\/p>\n and the third basis<\/u><\/strong> is political instability<\/u><\/strong> caused by weak coalition governments.<\/p>\n Ignoring the articles of the 1982 Constitution that determine the authorities and responsibilities of institutions and organizations that give sovereignty to the nation, fundamental rights and freedoms;<\/p>\n In particular, it has been seen that the pressure and interventions initiated with February 28 process have been legally based; considering the goal of “reaching the level of modern civilization…<\/strong>” in the second paragraph of the starting article<\/strong>, the tendency to see the life of the nation as outdated and a threat to the state<\/strong>;<\/p>\n the tendency to look at religious people as a threat by emphasizing the concept of \u201cSECULARISM\u201d in its second article;<\/strong><\/p>\n the suspicion that the eight reform laws, which are believed to ensure reaching the \u201clevel of contemporary civilization\u201d and protecting the \u201csecular nature\u201d, in Article 174<\/u> regarding the protection of the reform laws, are under threat;<\/strong><\/p>\n the understanding that it is up to the TAF to determine the time and to take the decision to \u201cprotect and watch over the Republic of Turkey\u201d in Article 35 of the \u201cTAF Internal Service Code\u201d in order to be prepared for the Armed Forces in terms of training, weapons and equipment.<\/strong><\/p>\n Giving meaning and activity to the Constitution and articles of law was made possible by primarily determining the reactionary as an internal threat<\/u><\/strong> in the internal threat section of the \u201cNational Security Policy Document\u201d<\/strong>, which is the directive of the Security planning in the State.<\/p>\n Undoubtedly, if the Constitution and laws are interpreted ideologically, it is possible to find a legal basis for coups.<\/p>\n b. LEGAL BASIS OF THE SEPTEMBER 12 COUP;<\/strong><\/p>\n The legal basis of the military coup of September 12, 1980 was announced in the first statement of the National Security Council, which was read over the radio.<\/p>\n \u201cIt took the decision to fulfill the duty of protecting the Republic of Turkey, given by the Internal Service Code, on behalf of the almighty Turkish Nation, within the chain of command and by order, and the administration of the country was completely seized….\u201d<\/em><\/a>[1]<\/a><\/strong><\/p>\n An authority that was put in order to be ready for the Armed Forces in terms of training and equipment when given internal security duties, or included in the Internal Service Code for this reason, could be interpreted as a coup task by those who assumed the command and control of the Armed Forces.<\/p>\n c. CONSTITUTIONAL BASIS OF FEBRUARY 28, 1997 POST-MODERN NATIONAL SECURITY COUNCIL (NSC) COUP:<\/strong><\/a>[2]<\/a><\/p>\n February 28 process is a coup by the President of the NSC and military members.<\/strong><\/p>\n The National Security Council is a constitutional institution established by the 1961 Constitution and continuing its existence in the 1982 Constitution. Although it is an advisory board, it has fulfilled the task of keeping the political will under control since its establishment.<\/p>\n In its initial form, 5 out of 10 members are soldiers. Intervention when the President supported the Soldiers in the Council (12 March, 28 February)<\/em>, that is, the requests of the board became law. When the President took the side of the representatives of the national will (ie, civilians)<\/em>, the soldiers could not make the established order accept their demands, and there were de facto coups in which the military seized the administration. (September 12, 1980)<\/em><\/p>\n With the amendment made in the Law on the General Secretariat of the NSC and the National Security Council in 2001, the number of members was increased from 10 to 14, of which only 5 were soldiers. It is not possible to take similar decisions and impose them on the Grand National Assembly of Turkey and the Government, as there is no military dominance in the council, where decisions are taken by absolute majority, as was the case on February 28, 1997. But it forces the military to be constantly involved in politics. The soldier who is interested in politics makes the State appear to be two-headed.<\/p>\n The fact that the soldier, who is at the center of the coups and impositions, is represented by three Force Commanders and the Gendarmerie General Commander, in addition to the Chief of General Staff, in the NSC convened under the Leadership of the President gives the Armed Forces a separate political power to intervene in politics.<\/p>\n d. CONSTITUTIONAL BASIS OF APRIL 27, 2007 ELECTRONIC MEMORANDUM;<\/strong><\/p>\n The Internet Memorandum of April 27 began with the sentence \u201cIt is observed that some spheres, which are making an inexhaustible effort to erode the fundamental values of the state of the Republic of Turkey, especially secularism, have increased their efforts recently…\u201d<\/em><\/strong>. When examined, it is understood that reference is made to the principle of secularism in Article 2 of the Constitution and to the duty to protect and watch over the Republic in Article 35 of the Internal Service Code.<\/p>\n e. SUPREME MILITARY COUNCIL, TURNED INTO THE DISCHARGING BOARD ON CONSTITUTIONAL BASIS;<\/strong><\/p>\n Although it is not a constitutional institution, the Supreme Military Council, of which decisions were excluded from judicial review by Article 125 of the 1982 Constitution<\/strong>, functioned as a mechanism for ideological staffing<\/strong> with general promotions and ex officio retirement practices.<\/p>\n In addition, after the enactment of this authority in the Constitution, 1637 officers and non-commissioned officers were dismissed from their jobs and professions by bypassing the judiciary and by illegal actions, ignoring fundamental rights and freedoms.<\/p>\n With the Constitutional amendment<\/strong> dated September 12, 2010, \u201cSeparation proceedings due to indiscipline and moral situation\u201d<\/strong> were opened to judicial review, but promotions and retirement due to lack of staff were again excluded from judicial review<\/strong>.\u00a0When considered together with the recruitment of personnel to the Armed Forces, the structure of the Supreme Military Administrative Court; keeping the promotions and retirements of generals out of judicial review<\/strong> and the authority to be removed from the Armed Forces by administrative proceedings without a judicial decision<\/strong> include sufficient powers for ideological staffing in the Armed Forces<\/strong>, which is contrary to the values of the Nation and constitutes the great second support of the coups.<\/p>\n During the coup periods, the Armed Forces, which took other public institutions under its control, became the leader of ensuring a full staffing in the public sector, with the discharges it had enforced<\/strong>.<\/p>\n f. COUPS ON COUNCIL OF HIGHER EDUCATION AND ITS CONSTITUTIONAL BASIS;<\/strong><\/p>\n According to the Annex-17 Article added to the Higher Education Law in 1990, in accordance with the provision that \u201cdressing is free in higher education institutions, provided that it is not contrary to the laws in force\u201d<\/strong>; while there was no problem in universities due to the headscarf until 1997, in 1995, headscarved female students were prevented from entering classes and universities by Kemal G\u00fcr\u00fcz, who was appointed as the head of the Council of Higher Education, which is a constitutional institution.\u00a0During the Kemal G\u00fcr\u00fcz and Erdo\u011fan Tezi\u00e7 period, neither the government nor the parliament could control the Council of Higher Education.<\/strong><\/p>\n Since December 06, 1995, when he was brought to the administration of the Council of Higher Education, Kemal G\u00fcr\u00fcz carried out the staffing and discharging, which can be considered a coup, in the administration of Higher Education Institutions for 8 years. He has committed a great persecution by exclusion of students with head scarves from universities and by ensuring that new students are not registered.<\/strong>\u00a0Erdogan Tezi\u00e7, who was brought to the same task after him, went one step further than Kemal G\u00fcr\u00fcz with his actions. They received wide support from the Presidents of their time in staffing and the illegal practices of the Council of Higher Education.<\/p>\n The fact that the new Presidents will be elected by popular vote does not make it possible to make staffing that is contrary to the values of the nation in higher education<\/strong> but the Parliament’s hands were tied against the illegal practices of this institution, the state was incapacitated and the will of the nation could not prevent open unlawfulness.<\/p>\n g. COUPS ON JURISDICTION AND ITS CONSTITUTIONAL BASIS;<\/strong><\/p>\n The years 2007 and 2008 were passed as the years in which the country’s agenda was directed by the obstructions made by the high judicial bodies.<\/strong><\/p>\n MAY 03, 2007 JUDICIAL COUP:<\/strong><\/p>\n When the election process of the President started, the case of \u201cCancellation of the vote, as 2\/3 majority of ‘367’ votes was not obtained for the opening of the session in the Grand National Assembly of Turkey for the Presidential election<\/strong>\u201d, filed upon the request of the Main Opposition Party, was accepted; with its decision on May 03, 2007, it prevented the Grand National Assembly of Turkey from electing the President<\/strong> and dragged the country into an uncertain course; as a result, the general elections for the deputies were delayed and the country was governed by an expired President for more than three months.\u00a0This decision will take its place in history as a coup to the will of the nation by the Constitutional Court.<\/strong><\/p>\n JUNE 05, 2008 JUDICIAL COUP<\/strong><\/p>\n The Constitutional amendment<\/strong> made to remove the headscarf ban<\/strong> applied in universities was overshadowed by the party closure case, and although it did not have the authority to review it on the merits, it was reviewed on the merits and canceled with the decision announced by the Constitutional Court on June 05, 2008<\/strong>.<\/p>\n In its reasoning announced on October 22, 2008, the Court tried to explain the principle of secularism, which is included in Article 2 of the Constitution and which has no definition, with unwritten norms of law; it offended the national conscience by taking non-religious philosophical movements and their doctrines as reference, instead of taking the sacredness of the nation, its cultural accumulation up to 1000 years, customs, traditions, religion and spiritual sensitivities as reference,<\/strong> and announced to the whole world what kind of ideological staffing it was in.<\/p>\n The Constitutional Court placed itself in a position above the Grand National Assembly of Turkey, and took away the power of arranging the Constitution from the TGNA.<\/p>\n It has dealt a blow to the belief and will of the nation by using its decision not in the direction of removing the bans before the nation, but in the direction of the continuation of the bans that will eliminate the delusions of the minorities.<\/strong><\/p>\n JULY 30, 2008 JUDICIAL COUP<\/strong><\/p>\n Against a political party that received 47% of the vote, due to the reasons that the majority of the nation does not take seriously and especially the constitutional amendment made to abolish the ban on veiling applied unlawfully in universities;<\/strong> the closure case opened by the Chief Prosecutor of the Supreme Court was accepted<\/strong> and the ruling party was punished by cutting half of the treasury aid, and under the threat of closure, attempts to improve fundamental rights and freedoms were prevented.<\/p>\n This decision has taken its place in the social and political history of our country as a coup to the national will by the Supreme Judicial Institutions, with the implicit support of the Constitutional institutions, especially the Armed Forces.<\/strong><\/p>\n Presidents, who have the last say and signature in appointments to the High Judiciary organs, Higher Education Institutions and University Rectorates, the Armed Forces and positions at the top of the bureaucracy, have served as the most important actor of the ideological staffing in the State Bureaucracy and the summit of bureaucratic authority, according to the ideologies they represent. For this reason, presidential elections have always caused crises. The Grand National Assembly of Turkey has always been put under pressure so that people who are endowed with the moral values of the nation are not elected President. In the periods when this was successful, negative staffing emerged and our nation suffered by being deprived of its basic human rights and freedoms.<\/strong><\/p>\n The fact that the new Presidents will be elected by the people blocked the way of staffing against the values of the nation, and with the September 12, 2010 Constitutional amendment, the changes made in the structure of this Court and the Supreme Board of Judges and Prosecutors paved the way for their decisions to remain in line with the law.<\/strong><\/p>\n h. PERIODS OF INSTABILITY THAT PROVIDED A BASIS FOR COUPS:<\/strong><\/p>\n Our recent history shows that military coups or interventions follow long periods of political instability.\u00a0From December 13, 1970 to September 12, 1980, 12 coalition governments came to power in 10 years.\u00a0<\/strong>Eight of them served less than one year. During these weak coalition governments, political and economic stability deteriorated, anarchy became uncontrollable, the nation was overwhelmed, and the September 12, 1980 Coup<\/strong> came as a savior while looking for a way out.<\/p>\n Again, from June 23, 1991 to February 28, 1997, 7 different Governments took charge in 6 years.<\/strong> Four of these seven governments were in office for six months and one for less than a year. During these weak coalition governments, economic and political stability deteriorated, followed by the post-modern March 28, 1997 National Security Council Coup<\/strong>.<\/p>\n On the other hand, in the 8-year period between 13 December 1983 and 23 June 1991<\/strong>, three governments formed by one and the same party remained in office and 4 governments formed by the same party in the 9-year period between 18 November 2002 and the present day<\/strong>.\u00a0In these periods of political stability, solutions to the country’s problems were found by the political powers. As it is understood from the Sledgehammer and Ergenekon cases, there was no change in the legal basis and ideological staffing, and even though actual coup plans were made, the possibility of coup and intervention was not given<\/strong>.<\/p>\n New Constitution should;<\/strong><\/p>\n Protect fundamental human rights and freedoms,<\/strong><\/p>\n Establish inner peace,<\/strong><\/p>\n Establish the principle of ensuring justice and the rule of law,<\/strong><\/p>\n Make the National Will prevail and maintain stability,<\/strong><\/p>\n Establish a modern and advanced management system,<\/strong><\/p>\n Provide the opportunity to communicate closely and continuously with the outer world.<\/strong><\/p>\n ASDER advocates the following principles for the provision of general acceptance and demands that they be included in the New Constitution.<\/p>\n a. THERE SHOULD BE NO OFFICIAL IDEOLOGY IN THE CONSTITUTION<\/strong><\/p>\n Constitution should be an agreement not only between the state and society, but also between themselves, which allows society to live together. Although any person has no similarity of thoughts and beliefs with the society generally, Constitutional rights should enable him to accept becoming a citizen of this state. It should form a state umbrella, standing at the same distance to the differences. Dictating an official ideology, adopting an idea or a thought and marginalizing others, or, more clearly, being hostile, undermines agreement, the principle of equality, the sense of justice, and sees those who differ as dangerous, harmful and threatening. They isolate the different ones from the state, from the public sphere, from the state services.<\/p>\n In our recent history, the secular-left-nationalist<\/strong> view has been adopted as the official ideology under the name of Ataturkism and Kemalism. Those other than this ideology were classified as separatist and destructive movement members, extreme leftist, racist, extreme rightist, reactionary, Kurdish, Armenian, etc. in the security documents of the state and were seen as internal threats and, as a result, they were dismissed from public duties, shown as a target to the security forces, and isolated. Different ideologies were declared guilty beforehand. Not being a member of the official ideology was considered enough to be considered a criminal.<\/p>\n The official ideology first divided the public officials and dissenters were purged; After the unity of ideology was achieved in the public institutions, the society was divided and split into enemy camps.<\/p>\n The state cannot be a party to any ideology, it is the defender and protector of basic human rights and freedoms. It should be a supporter of law, justice, right, equality, freedom and internal peace.<\/p>\n b. THERE SHOULD BE NO IRREVOCABLE ARTICLES<\/strong><\/p>\n The presence of irrevocable provisions implies distrust of the Nation and future generations. However, it may be the result of the protection instinct of a coup-plotter mentality. The constitution should be a text of agreement on which the nation has agreed, not imposed.<\/p>\n The first three articles of the 1982 Constitution and the Revolution Laws in article 174 were stipulated in the fourth article as irrevocable articles. It may not even occur to anyone to alter the points mentioned in the first three articles, nor may there be such a request. But instead of these provisions, which are deemed appropriate today, it can be thought that the society will feel new needs after a while and it will turn towards better goals as a result of new regulations. Those who put this article into effect may also have left the society. Cannot these article be adapted to today’s conditions? If those who want to alter arise, should they conflict with those who do not want to? Every article and constitutional rule should be able to be altered if the society wishes.<\/p>\n c. THE PRINCIPLE OF SECULARISM SHOULD NOT BE INCLUDED IN THE CONSTITUTION<\/strong><\/p>\n The principle of secularism<\/strong> was included in the 1924 Constitution of our country in 1937, as one of the three states in the constitution of this principle. Today, it is a constitutional rule that is found in the constitution of only 21 of nearly 200 countries, but whose implementation in our country is unlike any other country’s practice and purpose of putting it into the constitution, and it is a constitutional rule that hangs like the sword of Damocles on the heads of religious people in Turkey.<\/p>\n According to some, it is freedom of religion, according to some it is the rule of not blending religion and state affairs, according to some it is the name of not expressing beliefs, according to some it is atheism (non-religious)<\/em>, according to some it is hostility to religion. After all, it is a foreign concept that has not been deliberately defined and has been fulfilled in the Constitution, \u201cThe Religion of the Country is Islam\u201d in order to remove the Islamic belief from the society.<\/p>\n In other words, it has been the official religion of the state since its entry into the Constitution. If people who do not adopt this religion (secularism)<\/em> cannot suppress their belief, they could not take office in important positions in the state, and citizens were not brought closer to the state.<\/p>\n It is an anti-democratic rule against basic human rights.\u00a0It should not be included in the new constitution.<\/strong><\/p>\n All beliefs must be under the protection of the state. Beliefs should be protected by the constitution and laws, and interference should be prevented by law.<\/strong><\/p>\n None of the articles and provisions of the Constitution to be made in our country, which is 99% Muslim, should not contradict any verse of the Qur’an. In order to ensure this issue, a delegation from the Directorate of Religious Affairs should also be present in the work of the New Constitutional Commission of the Assembly.<\/p>\n d. OFFICIAL LANGUAGE SHOULD BE TURKISH, MOTHER TONGUE BASED EDUCATION SHOULD BE PROVIDED\u00a0<\/strong><\/p>\n Although language is one of the unifying values of being a nation, different ethnic groups should be provided with the opportunity to use and maintain their culture and language so that they can be citizens of the state with equal rights. Everyone should be given the freedom to speak and use the language of their choice.\u00a0The freedom of ethnic groups to speak and develop their language and to have education in their own language should be protected by the constitutional measures.<\/strong><\/p>\n But the official language in the institutions of the state and in international relations should be Turkish.<\/strong><\/p>\n e. FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS MUST NOT BE RESTRICTED<\/strong><\/p>\n The 1982 Constitution, on the one hand, expresses fundamental rights and freedoms, on the other hand, it forms restrictions for the security of the State.<\/p>\n The right to life, freedom of religion and conscience, freedom of thought, freedom of possession, protection of morality and generation<\/strong>, which are considered as human’s innate negative rights and freedoms<\/strong>, should be constitutionally guaranteed and they should not be restricted.<\/p>\n Violations of these freedoms should be prohibited by measures through law.<\/p>\n Positive rights and freedoms<\/strong> include the freedom of education, health, employment, entertainment, rest, travel, work and establishment, which are among the social and economic<\/strong> rights of human beings.\u00a0These rights and freedoms are the rights to be developed in civil society and social life. In order for these freedoms to be exercised in the Constitution, the opportunity to organize civil society<\/strong> should be provided and non-governmental organizations should be encouraged. This area of freedom should also be taken under unrestricted protection.<\/p>\n The active rights and freedoms of people also express their political rights and freedoms.<\/strong> When the right to vote, to be elected, to form parties and associations, to be a member of parties and associations in this classification allows people to participate in the administration and have a say in the administration, the use of this right should be encouraged and facilitated.<\/p>\n The constitution should place service to humanity at the center of state services.<\/strong>\u00a0It should be based on keeping people alive, protecting and developing them, and legal arrangements should be made to punish rapes.<\/strong><\/p>\n f. DEATH SENTENCE SHOULD BE INCLUDED<\/strong><\/p>\n The right to life is the fundamental right of the person.\u00a0<\/strong>In order to protect this right, there must be a penalty that will deter anyone who intends to intentionally kill a person.\u00a0Our belief is that the punishment is effective, it will prevent the commission of criminal acts, and if it is not effective, it will encourage people to commit crimes. Even if it is not imposed for other acts, the death penalty should be given to those who kill people deliberately. Through this way, the killing of innocent people can be prevented.\u00a0<\/strong>But by the family of the murdered person, the killer’s death sentence should be able to be changed to different sentences.<\/p>\n g. A CITIZEN SHOULD NOT HAVE A CONSTITUTIONAL TITLE<\/strong><\/p>\n Our constitution should not contain terms and words that would evoke nationalism and cause ethnic rivalry among our people. Our constitution should not be stuck with the discourses of minority groups. It should be at an equal distance to all our citizens and their ethnic identities. Expressions that will cause stubbornness and ethnic superiority competition that will not benefit anyone should be avoided.<\/p>\n \u201cEveryone who is affiliated to the Republic of Turkey by a bond of citizenship is called a Turk regardless of religion and race.\u201d\u00a0Instead, the Constitution should state that \u201cCitizenship is a fundamental right. Everyone who gains this status in accordance with the principles stipulated by the law is a citizen of the Republic of Turkey.\u201d<\/strong><\/p>\n h. THERE MUST BE PRESIDENTIAL SYSTEM<\/strong><\/p>\n Our new President will be elected by popular vote.\u00a0An irresponsible President elected by popular vote, a prime minister appointed by the Parliament but responsible for the entire executive, may be the most effective formula to get things stuck.<\/strong>\u00a0In any case, the President will be elected with a vote of more than 50%. But the party in which the Prime Minister comes out may not usually get 50% of the vote from the public. Especially if the coalition is mandatory, this rate will go down further. The question of which one is more worthy of the trust of the people will always be a matter of mind-boggling and tampering.\u00a0The current situation leads the country to a two-headed administration.<\/strong><\/p>\n On the other hand, in a parliamentary democracy, that is, the election of the prime minister on the parliamentary side weakens the supervisory role of the Parliament on the government. Considering our election system, due to the authority of the Prime Minister over his party, the Grand National Assembly of Turkey cannot go beyond a mechanism that enacts laws with the instruction of the Prime Minister. As such, when it is overshadowed by the Parliamentary Government and the Prime Minister, other powers and the judiciary can sometimes influence both powers.<\/p>\n In terms of the principle of separation of powers is more effective, the executive has the opportunity to act quickly in accordance with the conditions of the day, eliminating the dualism, enabling the GNAT to supervise the executive more effectively, communicating with the outer world more effectively, and not being able to have tutelage over the President; Turkey should be governed by the Presidential system.<\/strong><\/p>\n i. THE FORM OF ADMINISTRATION SHOULD BE ORGANIZED ACCORDING TO THE PRINCIPLES OF REGIONAL UNITARY STATE AND ADMINISTRATIVE AUTONOMY<\/strong><\/p>\n \u00a0In an era when even individual activities are adjusted to global scales, country problems cannot be solved only by considering them from within the borders. All functions of the state must also be performed taking into account the outer world and global developments. Each Ministry should consider external balances in its main areas of activity. Education, economy, defense, transportation, justice, commerce, industry, customs and etc. every activity can be achieved by addressing both the outer world and the country, and national security and welfare can be achieved.<\/p>\n As such, the central administration, that is, the Ministries that constitute all the main fields of activity of the state, cannot both follow the outer world and develop appropriate policies in a timely manner, and carry out their activities in the most remote corner of the country without interruption, in terms of the principles of administration. Then, some powers of the center should be left to local authorities. While doing this, the unitary structure should not be disturbed.<\/strong><\/p>\n In particular, if it ensures the control of budgetary income and expenditure by elected local organs and authorities, it can both maintain the unitary structure and ensure the security of its country and the welfare of its nation more economically, faster and with better quality, with a modern administration on a global scale<\/strong> by keeping the authorities and responsibilities related to the central administration, legislation, judiciary, internal security, foreign defense and foreign policy in the central administration<\/strong> if the central government devotes its attention to these fields of activity and foreign relations, it divides the execution with the local administrations, for which it takes appropriate measures<\/strong>.<\/p>\n Each authority can manage a maximum of 10 subordinates. Considering this, regional authorities should be established.<\/strong>\u00a0Provinces should also be affiliated to these regional authorities.\u00a0The boundaries of the seven geographical regions should also be the boundaries of the Regional Authorities. Fear of ethnic division should not prevent effective government organization.<\/strong>\u00a0Fair governance ensures new participation, not division. We must get rid of our fears. It should be taken for granted that administrative autonomy and regional administrations will have the effect of strengthening the unitary structure.<\/p>\n The form of government of our country in the Constitution is with the Administrative decentralization model in accordance with the principle of Unitary, Regional State; Legislative and Judicial power should be in the central government, a part of the executive power should be transferred to the regional administrations, and the regional administrations should have transferred some of their executive power to the lower level local authorities, and the Central Government should have the power to control the regional and sub-local administrations with the ability to increase and decrease these powers.<\/strong><\/p>\n j. IT MUST BE ENSURED THAT THE NATIONAL WILL ESTABLISHES AUTHORITY OVER ALL STATE INSTITUTIONS<\/strong><\/p>\n The manifestation of the national will is the Grand National Assembly of Turkey. The parliament, that is, the legislature, should be able to control the executive. The Executive should be able to exercise authority over all government agencies; The judiciary should also be independent and impartial, but should not interfere with the legislature and the executive. Since the Deputies are under the control of the party’s above organs and the leader in the current election system, effective control of the legislature over the executive is not possible.\u00a0A bicameral presidential system means an independent and strong parliament. If we want the people elected by the nation to govern every institution, a presidential system should be established in the Constitution.<\/strong><\/p>\n Parties are indispensable organs of democracy. The parliament gets its power from the parties, and the parties get their power from the vote potential they have. In a parliamentary democracy, governments made by the Assembly must have a majority in the assembly in order to govern all the organs of the executive. Governments that consist of a distribution of votes that have to make a coalition are weak. It is difficult for the State to establish powerful authority over its Institutions.\u00a0For this reason, the electoral thresholds should be raised in a way that will ensure stability in the government, and that justice in representation should be waived, and a two-party, bicameral presidential system should be established.<\/strong><\/p>\n In order for the Executive Institutions not to become uncontrollable, the necessary control and supervision should be given to the governments through the Constitution.<\/strong><\/p>\n k.\u00a0<\/strong>THE PATH OF CIVIL DICTATORSHIP MUST BE BLOCKED<\/strong><\/p>\n The presidential system, in which the principle of separation of powers is most strongly applied, does not allow civil and military dictatorships, coups and interventions due to its independent and effective parliamentary power. Therefore, the Presidential system should be introduced by the Constitution.<\/p>\n l. THERE SHOULD BE NO JUDICIAL TUTELAGE OVER POLITICS<\/strong><\/p>\n Preventing the judiciary from oppressing the legislature and executive and preventing conflict at the top of the State; Leaving the decision-making authority in the problems between the legislative, executive and judicial organs to the TGNA, which was elected by the votes of the people; Since it is essential for both the peace and trust of the nation and the stability of the country, the approval authority of the decisions of the Constitutional Court pertaining to the executive and legislative organs, including the President, as well as political parties, should be the Grand National Assembly of Turkey<\/strong>.\u00a0<\/strong>The election of the Presidents of the Court of Appeals, the Council of State and the Court of Accounts, which are political authorities, and the Chief Prosecutor of the Court of Appeals should also be formed\u00a0 by the Grand National Assembly of Turkey.<\/p>\n The indictments of the Chief Prosecutor of the Court of Appeals should also be sent to the Constitutional Court after the approval of the Grand National Assembly of Turkey.<\/strong><\/p>\n If there is a concern that the consolidation of the powers in the Grand National Assembly of Turkey and the judicial organs will be dominated by politics, the concerns can be alleviated by thinking that ideologies contrary to the values of the nation will prevail, and that it is better for the will of the nation to dominate.<\/p>\n m. COUNCIL OF HIGHER EDUCATION SHOULD REMAIN, SCIENTIFIC AUTONOMY SHOULD BE ENSURED IN UNIVERSITIES.<\/strong><\/p>\n The Grand National Assembly of Turkey should be given the authority to initiate an investigation and dismiss the teachers and administrative staff, and to elect, appoint and dismiss the Head of the Council of Higher Education and the Rectors.<\/strong><\/p>\n Additional measures for the establishment of the scientific autonomy of universities should be made in the Constitution and related Laws.<\/strong><\/p>\n n. MILITARY SHOULD NOT BE ABLE TO ESTABLISH TUTELAGE OVER POLITICS<\/strong><\/p>\n The reason at the center of the search for a new Constitution is that military coups and military tutelage have been established over the institutions of the state, especially politics, in the last 50 years, and the last two Constitutions have been made by coup-plotter soldiers. For this reason, the issue of removing the coups and the foundations of the military tutelage system from our Constitution and the legislation in force, which we have emphasized in the first section, should be an important motive in the preparation of the new constitution.\u00a0The new Constitution should abolish the legal legislation that was based on coups, allowed ideological staffing and which leads to destabilization.<\/strong>\u00a0The nation is determined in this matter. Parliament should show the same determination.\u00a0In the light of the principles set forth in the following paragraphs, if the necessary arrangements are made in the Constitution and laws, there is no doubt that the obstacles in front of our State on the way of advancement and progress will disappear and our Armed Forces will become stronger.<\/strong><\/p>\n In order to achieve this;<\/strong><\/p>\n 1)<\/strong>\u00a0THE NATIONAL SECURITY COUNCIL MUST BE ABOLISHED<\/strong><\/p>\n The fact that the soldier, who is at the center of the coups and impositions, is represented by three Force Commanders and the Gendarmerie General Commander, in addition to the Chief of General Staff, in the NSC convened under the Leadership of the President gives the Armed Forces a separate political power to intervene in politics.<\/p>\n There is already a Supreme Military Council under the chairmanship of the Prime Minister, which allows the discussion of military and security issues. If the goal is the combat readiness of the Armed Forces and measures to be taken against external threats, these issues are already within the duties of the Supreme Military Council. The Deputy Prime Ministers, Ministers of Interior, Foreign Affairs and Justice, who are civilian members of the NSC, can also join the Council Members and the Supreme Military Council can be transformed into a state that can perform the function of the NSC.<\/strong><\/p>\n\n
\n
\n