SCARF The political showdown on the issue eventually came to an end with the Constitutional amendment proposal.
The expectation is that the text of the proposal will be prepared and submitted to the Presidency of the Grand National Assembly of Turkey with the votes of the AK Party and MHP deputies within the next week.
It was quickly passed through the commissions and brought to the General Assembly…
AK Party leader and President Erdogan, MHP leader he visited after his exit the previous day Devlet Bahceli He determined the rules regarding the change in his meeting with
According to reports from both sides, the amendment is almost the same as the two-item regulation, which was also brought to the agenda in 2008, passed with 411 votes, but was annulled by the Constitutional Court as it was found to be contrary to secularism and democratic life.
The answer I got when I asked the parties whether to add an article that would regulate family life apart from this, “No” it happened.
One of the two articles being worked on for regulation is the last paragraph of Article 10, titled Equality Before the Law.
of matter, “State organs and administrative authorities must act in accordance with the principle of equality before the law in all their actions (…)” the dotted part of the clause in parentheses “…and benefiting from all kinds of public services” adding the phrase “cannot be revoked by any law” is intended to be added.
Thus, it is aimed to prevent a legal regulation to be issued in the future by double stitching.
However, the debate on whether or not to add a legal clause to the article is not over.
Another article is the 42nd article about higher education, which was also included in the 2008 regulation.
“Higher education cannot be prevented for reasons not written in the law” It is aimed to enter the university with a headscarf, which is no longer a problem, to be constitutionally guaranteed by adding the phrase.
NONE IN 100 ARTICLES OF MHP
As I mentioned at the beginning, a unity of principle was achieved between the AK Party and the MHP so that the change would not be multidimensional.
The MHP is of the opinion that from the very beginning this should not be a matter of law and the Constitution.
His concern is what to do if a person starts to come and go to work in the peshmerga or wearing clothes that do not conform to general cultural morality.
However, he is also aware that it is not possible to go back from the last point reached…
In the meantime, the AK Party and MHP have been working on it for a while, ErdoganIt was also noted that the comprehensive constitutional amendment, which was also mentioned in the opening speech of the Grand National Assembly of Turkey, cannot be brought to the agenda at this stage.
RELIGION OF THE STATE NO PRESENTATION
In fact, there is no such regulation in the 100-item Constitution proposal of the MHP. “Beginning” section, “We, the Turkish Nation, have come into existence by the grace of God, the spirit of brotherhood and the love of the homeland” It is recommended to add the
However, it is not expected that this regulation will be included in the proposal to be brought.
At this stage, the discussion within the scope of the constitutional amendment, “The religion of the state is Islam” It was underlined that it would not be possible to add a clause in the direction of
As I mentioned at the beginning, there will be a constitutional amendment limited only to Articles 10 and 42.
REFERENDUM HAZARD
The most important problem here is the support of one of the opposing alliances in order for the amendment to pass without a referendum in the Grand National Assembly of Turkey.
Because, according to the Constitution, if the amendment is passed with 360-400 votes, there is also a referendum on the end.
The number of seats in the AK Party (286) and MHP (48) is not enough for the 400 deputies required for acceptance without a referendum.
Further, it is not enough for a change with a referendum, it remains at 335.
In order for the amendment to pass without any obstacles, the votes of 65 deputies, apart from the AK Party and the MHP, are needed.
The 37 seats of the IYI Party offer a solution only with a referendum.
Reaching the 400 seats required to pass without a referendum is possible with the support of one of the CHP (134) and HDP (56)…
1995 EXAMPLE FOR THE SAME CRATE
Apart from this, the risk of being subject to a referendum is also high…
Therefore, it is possible to encounter a referendum on the way to the election.
In addition, it is possible to hold the referendum together with the general parliamentary and Presidential elections.
As a matter of fact, with the provision added to the article in the 1995 Constitutional Amendment, if it is not passed by the Grand National Assembly of Turkey, “with the first parliamentary election to be done together” judgment was made.
However, the amendments, which included provisions that made it difficult for political parties to organize abroad and to be dissolved by the Constitutional Court, passed without a referendum, with a three-fifths majority in the Grand National Assembly of Turkey.
Thus, it was prevented from being held together with the parliamentary election.
It is not possible to predict how this change will result, because constitutional amendments with a referendum are a normal situation in Turkey.
As a matter of fact, the 1982 Constitution has been amended 21 times to date, and six of them (1987, 1988, 2007, 2010, 2017) resulted in a referendum.
Considering the fact that there are deputies within the CHP, IYI Party and MHP who do not approve of the regulation of the issue by the law at a time when elections are held, there is also the risk of a referendum.
2001 RECONCILIATION IS ALSO POSSIBLE
However, in 2001, the Speaker of the Grand National Assembly of Turkey Husamettin CindorukLike the amendment made to Article 34 with the initiative of .
CindorukAs a result of the consensus reached in the Parliament with the initiative of Caesar While approving the 33rd article, it decided to send an article about the travellers’ travels to a referendum.
When the same article was accepted by a three-fifths majority in the Grand National Assembly of Turkey, Caesar This time he approved.
A similar situation may be in question this time, and the two-article law can be passed without a referendum, with the support of 400 or more deputies, without the need for a referendum.
Otherwise, it is possible to encounter an interesting process where three chests are together.