He added it is not possible for the existing Parliament to agree on the implementation of a new document.

Özbudun, also the head of a board tasked with drafting a new and civilian constitution, stressed that the ruling Justice and Development Party (AK Party) is unlikely to garner support from other political parties in Parliament for replacing the constitution with a new one. “Changing constitutions will be possible only with a new Parliament. We need to be realistic. The existing Parliament is not likely to agree on any change of the existing constitution. Thus, Turkey needs to head for elections to write a new constitution,” he told Today’s Zaman.
The AK Party geared up in 2007 to prepare a new civilian constitution that could meet contemporary needs and benefit the country, an EU-member candidate. The constitution currently in use was written during a period of military rule following a coup in 1980 and is the target of harsh criticism as it does not meet present-day needs. Last year the AK Party formed an independent commission, headed by Professor Özbudun, to prepare a draft of a new civilian constitution; however, work on it was shelved when a closure case was filed against the AK Party last March, accusing the party of engaging in anti-secular activities.

Following a verdict by the Constitutional Court not to disband the AK Party in late June, the governing party decided to speed up efforts to replace the constitution.

Özbudun, however, is not optimistic that parliamentary efforts to draft a new Constitution will prove useful unless general elections are held and the composition of Parliament is changed.

“The greatest obstacle before a new constitution is the tough stance of the main opposition Republican People’s Party [CHP] and the opposition Nationalist Movement Party [MHP]. Statements by CHP officials note that although the party itself is displeased with the existing constitution, it does not need reform to make up for its deficiencies. CHP deputy group chairman Kemal Anadol, in one of his speeches, suggested that his party would not cooperate in changing constitutions,” Özbudun remarked.

Özbudun, underlining that it is not necessary to cooperate with the CHP to amend the constitution, recalled that a constitutional amendment package to end a ban on the Muslim headscarf at universities was only passed with the support of the MHP. However, the problem, as in that amendment package, is to stop the CHP from challenging new laws at the Constitutional Court. The headscarf law was annulled by the Constitutional Court upon a petition by the CHP.

The Constitutional Court’s annulment of the amendments to allow headscarves to be worn at universities was considered a move to show everyone that the court positions itself above Parliament.

“This decision by the Constitutional Court has shown that the court will feel itself free to revise all constitutional changes in essence though it is not authorized to do so. Cooperation with the CHP to replace the constitution seems impossible. It is, however, necessary to replace it because a constitution prepared under the shadow of a military coup cannot meet the needs of Turkey on the path to democratization and modernization. I believe, if supported by a required number of voters, no power will be able to hinder efforts to replace the Constitution,” Özbudun stated.

He also stressed that hopes that Parliament Speaker Köksal Toptan could contribute to the preparation of a civilian constitution would prove futile. “Such an initiative by Toptan would be a well-intentioned effort, but I don’t believe he will be able to ensure cooperation among all political parties for a change in constitution. Unless all political parties agree on the idea of replacing the constitution, it will not prove beneficial for Turkish democracy,” Özbudun said.

AK Party parliamentary group deputy chairman Nihat Ergün agreed and added that a new constitution on which all political parties do not agree will mean another reason for chaos in the country.

“However, setting early general elections as a condition for a new constitution will increase tension in the country as well. The AK Party will try options for the planned change in constitutions. We can consider holding early elections only when it becomes impossible to compromise on the change. We are not planning early elections at the moment,” he said.

Todayszaman