Mehmet Uçum: Turkey’s Capability to Create a Constitution Through Parliament – Breaking News
Turkey is Capable of Making a New Constitution Through Parliament, Says Legal Expert
In a recent article published by CNN TÜRK, Mehmet Uçum, Deputy Chairman of the Presidential Legal Policies Board, emphasized the capability of the Republic of Turkey to draft a new constitution through the Parliament. Uçum highlighted the importance of distinguishing between primary constituent power and secondary constituent power in legal literature.
According to Uçum, the Parliament holds the authority to create a new constitution, representing the will of the people. He argued against the notion that the TBMM (Grand National Assembly of Turkey) lacks the power to enact a new constitution based on the original founding power, stating that such a view undermines democracy and the people’s voice.
Uçum also addressed the role of the Constitutional Court in the constitution-making process, asserting that the Parliament should not be subjected to the Court’s supervision during this crucial procedure. He dismissed the idea that the Constitutional Court could review the substance of a new constitution drafted by the Parliament, labeling such claims as nonsensical.
Furthermore, Uçum referred to the Constitutional Reconciliation Commission’s decision in 2012, which did not rely on the 1982 Constitution in the process of enacting a new constitution. This decision, according to Uçum, signifies the use of a representative founding authority on behalf of the people.
Overall, Uçum’s analysis sheds light on the legal framework surrounding the constitution-making process in Turkey and emphasizes the importance of upholding democratic principles throughout this significant endeavor.
