Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
1. Introduction
“I prefer a man who will burn the flag and then wrap himself in the Constitution to a man who will
burn the Constitution and then wrap himself in the flag.”1 This quotation is said by American
congressman Craig Washington. The importance of a constitution for a country is greater than many
ethical norms for many people. However, what happens when the constitution is not representing
everyone's rights or undermines some of the norms such as democracy and freedom of speech just
like it is claimed to be with the Turkey's new constitution, which is also claimed to promote the
democratization.
This descriptive-normative driven thesis mainly focuses on the new constitution of Turkey and its
amendments. I will be focusing on the problematic amendments which are claimed to undermine
the democracy related to the jurisdictional system and promote one side of the political arena. The
new constitution is accepted by the referendum which was held early September, with 58% “yes” to
42% “no”. Both of these numbers are representing a large amount of people of Turkey with almost
seventy-five million population. After the conflictual passing of the new constitution, enforcement
of amendments especially on the jurisdictional system increases new conflicts regarding the rights
of women, the freedom of speech and democratization.
The main focus of this research will be related to the relationship between Turkey and the European
Union, since the European Union (EU) described the amendments necessary even though there was
a huge protests to them. In that emphasizes, I will focus on the concepts of democracy, jurisdiction,
legitimacy and fragmentation in society with definition's of the European Union. Moreover, I will
focus on the political arena of Turkey by introducing the sides of AKP, CHP and MHP. In the road
to European Union membership, the new constitution's implementation is based on two scenarios as
a result of Turkey's fragmented politics. One scenario suggests that jurisdiction, democracy and
secularism is being attacked by the amendments and the other one suggests AKP's agenda and the
new constitutional amendments are relevant with the European Union's requirements for
membership.
1
http://thinkexist.com/quotations/constitution/
Esin Deniz Esmerok
1
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
The hypothesis is “Turkey's fragmented politics and society increases the legitimacy issues of the
new amendments of the new constitution, even though the European Union defines them as
necessary” which is driven from the question of “how does the constitutional amendments are in
debate of legitimacy although the European Union defines them as necessary”. The focus of
legitimacy is firstly examined with the principles of the legal legitimacy and secondly the normative
legitimacy. Turkey's journey with the European Union has been going on for fifty years. Moreover,
the negotiation process completed its 5th year last October. However, the reform process is
proceeding too slow. The thesis will mainly focus on the obstacles of the new constitution and
democracy in Turkey, even though Turkey has been trying to join the European Union. Especially,
the political perspective will be used in order to understand the current atmosphere and the situation
in Turkey's fragmented politics.
Moreover, the thesis will include the theoretical frameworks to pursue finding a truth on the new
constitution and its enforcement in descriptive design. The constitution theory will be used to
emphasize on the new constitution of Turkey. Empowerment and participation will be used in
understanding the referendum on the new constitution and the efficiency of political participation.
Also, the legitimacy concept will be used in order to give deeper understanding to constitutional
amendments and the article's interpretations by the political parties, and as an addition to them
theories of democracy will focus on the passing and the implementation of the constitution to the
areas such as the rights of women, the freedom of expression and the jurisdictional system. The
constructivism will be used to examine the principles of the EU and how the new constitution is
competing with those principles. Furthermore, the conceptual framework will be analyzed with a
normative point of view.
Now, I will move to methodology chapter to give a guideline to reader for understanding the thesis'
characteristics and structure.
Esin Deniz Esmerok
2
Development and International Relations
10th Semester The Master Thesis
Lunde
Esin Deniz Esmerok
Supervisor
Per
3
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
2 Methodology
Methodology of the thesis is based on providing reading friendly information on the process of the
thesis writing. In brief, it contains the information about the characteristics and the classification of
the research, hypothesis, the research design, quantitative vs qualitative, validity, credibility of data
and sources, scope and delimitation and theoretical framework. This chapter aims to give a
guideline for the hypothesis “Turkey's fragmented politics and society increases the legitimacy
issues of the new amendments of the new constitution, even though the European Union defines
them as necessary.”
2.1 Characteristics and Classification of Research
In this thesis, I will be using mainly three characteristics of research which are empirical research,
logical and analytical research. “Empirical research is based on direct experience or observations by
the researcher.”2 This characteristic of the research will be used to explain the European Union (EU)
Commission Turkey Team's comments on the new constitution, which I have gathered in the
meeting while I was doing my internship in Brussels in a Turkish Non-governmental
Organization(NGO). Those will be my direct observations from Turkey Team's attitude towards the
new constitution. “Logical research is based on valid procedures and principles.”3 Logical research
includes the theoretical and conceptual framework of the thesis. Theories such as empowerment,
participation, democracy and legitimacy will be used. For instance, empowerment and participation
will be used in understanding the referendum on the new constitution. Also, the concept of
legitimacy will be used in order to give deeper understanding to constitutional amendments and its
legitimacy in Turkish society. Also, theories on democracy will be used in order to examine the
situation in Turkish society such as human rights, jurisdiction system, freedom of speech. Moreover,
concepts of democracy, jurisdiction, rights and freedoms, fragmented politics will be included in the
thesis with a normative point of view of Turkey and the EU. Finally, “...analytical research utilizes
2
3
Paler-Calmorin & Calmorin 2007: 1
Ibid.
Esin Deniz Esmerok
4
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
proven analytical procedures in gathering the data.”4 Analytic procedures refers to collecting data,
which are most commonly historical and descriptive. Background information on Turkey and the
EU relations, democracy, the constitutional changes and the fragmented politics will be explained
further. The documents will be collected with classification techniques such as library research and
field research.5
2.2. Problem Formulation
The thesis aims to focus on the constitutional situation of Turkey. Specifically;
1. How does the fragmented politics of Turkey plays a part in conflictual passing of the new
constitution within a normative perspective?
2. After the constitutional referendum in Turkey: What are the effects of the constitutional
amendments to the current situation of the concepts; democracy and judicial system in
Turkey regarding the EU membership accession?

On judicial system

On democracy regarding the fundamental rights, political participation, freedom
of speech, secularism and the claims of the hidden agenda of AKP.
Revolving around those questions, a hypothesis is formed in order to conduct a normative,
descriptive and educational thesis.
2.2.1 Hypothesis
Theme: The passing of new constitution in Turkey were conflictual with the referendum results 58%
“yes” to 42% “no”. In the road to European Union membership, the new constitution's
implementation is based on two scenarios as a result of Turkey's fragmented politics. One scenario
suggests that jurisdiction, democracy and secularism is in danger by the amendments' subtext
hidden agenda and the other one suggests AKP's agenda and the new constitution are relevant with
4
5
Ibid.: 2
Paler-Calmorin & Calmorin 2007: 13
Esin Deniz Esmerok
5
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
the European Union's requirements for membership.
Hypothesis: Turkey's fragmented politics and society increases the legitimacy issues of the new
amendments of the new constitution, even though the European Union defines them as necessary.
Dependent Variable: Fragmented politics of Turkey, fragmented society of Turkey. “Dependent
variable is observed and measured to determine the effect of the independent variable.”6
Independent Variable: Definitions of democracy, jurisdictional and constitutional universal
principles for advancing the membership to European Union. “Independent variable is the stimulus
variable which is chosen by the researcher to determine its relationship to an observed
phenomenon.”7
Control Variables: There are many control variables to this research. The ones will be focused
under the scope of the thesis are the historical changes in the constitution's of Turkey and their
implementations, Turkey's search for democracy, the relationship between Turkey and the European
Union during the negotiation process, AKP's and CHP's roles in Turkish politics and their
interpretations of the constitution, the current situation of Turkey after the new constitution
regarding the concepts of democracy and jurisdiction. “Control variable is controlled by the
investigator in which the effects can be neutralized by eliminating or removing the variable.”8
Reasoning: The new constitution is considered as a positive attitude to accession process to The
European Union by member states; however the amendments' legitimacy are not fully accepted by
all groups that are existing within Turkey's society; which is claimed to have a secret agenda of
AKP regarding the problems of democracy, jurisdictional structure and secularism.
2.3 Research Design
Basic definition of the research design is given by two scholars; Yin and Bryman. Yin defines it as
6
7
8
Paler-Calmorin & Calmorin 2007: 15
Ibid.: 14
Ibid.: 16
Esin Deniz Esmerok
6
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
the logical sequence that leads to conclusion by combining the empirical data and the question that
thesis intended to answer.9 Within Yin's definition, there is a guideline for researcher to follow and
reach to conclusion. Also, Bryman also emphasized on research design by defining it as a
framework “... for the generations of evidence that is suited both to criteria and to the research
questions in which the investigator is interested.”10
I am going to be more specific on this chapter in order to give information on research process.
Research process includes problem/objectives, hypothesis, theoretical/conceptual framework,
assumptions, review of related data, research design, data collection, analysis/interpretation and
summary.11 I will be using descriptive design for this thesis in order reach my research objective.
“A research objective is a statement of purpose because this is the guide to be accomplished by the
researcher.”12 Within my research objective, I am going to be emphasizing on the new constitution
of Turkey and its relationship to the EU membership and domestic political affairs of the country
with a normative perspective. Normative perspective always has the risk of being one sided. “Any
efforts to evaluate and describe political instructions and actions in terms of moral and ethical
criteria … [is] normative.”13 Also, within my objective, I am aiming to create sufficient
information on Turkey's current politics and previous affairs in relations to the EU, since many
master programs and students fail to include in their programs. In order to write a normative and
informative critical thesis on this particular subject, I chose to use the descriptive design as my
research design.
Descriptive method design “... describes the nature of the situation as it exists at the time of the
study and explores the course of a particular phenomenon.”14 In other words, it focuses on the
current situation and try to describe a new truth. The truth may be in different forms such as
increased quality of knowledge and a new generation. As it stated before, within the objectives of
the research increasing the quality of the research is important for this thesis. Descriptive design
aims four main intentions that are “... providing facts on which scientific judgments may be based,
9
10
11
12
13
14
Yin 1994: 19
Bryman 2004: 26
Paler-Calmorin & Calmorin 2007: 17
Ibid.: 30
Steinberger 1985: 9
Rivera Jr & Rivera 2007: 56
Esin Deniz Esmerok
7
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
providing essential knowledge about the nature of objects and persons, closer observation into the
practices, behavior, methods and procedures [and] playing a large part in the development of
instruments for the measurement of many things.”15
Moreover, two types of descriptive design methods will be highly used in this thesis that are
descriptive-status and descriptive analysis. Descriptive status is the approach to the problem solving
by seeking to answer to real facts relating to existing conditions; whereas descriptive-analysis is the
“... method determines or describes the nature of an object by separating it into its parts.”16
Descriptive-analysis is the suitable way of examining the current situation of the fragmented
politics by separating them into parts. In other words, when we look at the new constitution as a
whole, it is valid for the EU to find it necessary, however, when we separate them into parts, there
are different scenarios for implementation of the amendments. One claims that AKP has a hidden
agenda after the amendments, the other claims, AKP is doing everything on track with the previous
goals of foreign Turkish politics such as the full membership to the EU.
2.4 Quantitative vs Qualitative
Those two strategies have differences in their ways of empirical research and data collection. In
other words, qualitative research strategy is commonly used in social sciences; whereas,
quantitative research strategy is mainly within natural sciences.
Quantitative research strategy emphasizes on quantification in the data collection and analysis of
the data. Qualitative data collection is defined as “... a research strategy that usually emphasizes on
words rather than quantification in collecting and analysis of data, and that it rejects the practice and
norms of the natural scientific models.”17 In other words, it is characterized as subjective that the
individual's interpretations are very important. On the other hand, the quantitative research method
“... entails a deductive approach, which incorporates the practices and norms of natural scientific
models and embodies social reality as an external, objective reality.”18 That simply suggests that
the method is characterized as objective that it seeks precise measurement and analysis of concepts
15
16
17
18
Paler-Calmorin & Calmorin 2007: 70
Paler-Calmorin & Calmorin 2007: 71
Bryman 2004: 21-22
Yin 1994: 19
Esin Deniz Esmerok
8
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
with surveys.
Both of the methods are useful and important for researchers. For this descriptive design, I will be
using the qualitative research method, mostly because of the time limitations. With a longer period
of time for the study, both of the methods can be used. Yin claims, “... regardless of whether one
favors qualitative or quantitative research, there is a strong and essential common ground between
the two.”19
2.5 Validity, Credibility of Data and Sources
In this thesis I will be using both primary and secondary sources. Primary sources consists of
interviews, experiments and field observations. Secondary sources are all documents including
books, articles, reports and internet pages. It is always important to keep in mind that data is always
made by someone for someone and some purpose. In descriptive design, it is always important to
keep this in mind for validity and credibility of data. It keeps the researcher from too much
subjectivity.
Moreover, the secondary sources are such as books ans news will be translated from TurkishEnglish. The sources will be translated are chosen mainly for background information in order to
create an objective perspective. Moreover, the ones which will be used for analysis will the news
for defining the facts that have happened in Turkey without their interpretations. Even if an
interpretation is translated, it will be mentioned as a point of view, not as an absolute truth to avoid
biases. Also, the texts will be used as quotations and paraphrases.
For validity, it is crucial to keep in mind that “... there is veracity or truthfulness of the
responses.”20 Every interview, news and reports do not carry the validity, that is the reason of long
time to search for the data. “Reliability means the extent to which a research instrument is
dependence, consistence and stable.”21 It is important to keep these facts in mind and be critical to
secondary sources. In my case, even my own observations might be subjective towards Turkey's
19
20
21
Yin 1994.:15
Paler-Calmorin & Calmorin 2007: 51
Ibid.: 55
Esin Deniz Esmerok
9
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
fragmented structure, since I was born in a democrat family.
2.6 Scope and Delimitation
The scope of the thesis based on the new constitution of Turkey and its relation to the EU
membership. I will be focusing on the concepts such as implementation of the amendments,
democracy, legitimacy, jurisdictional system, fragmented politics of Turkey and political parties.
The effects of amendments on civil society and economy will not be inside the scope of the thesis
due to some limitations. Furthermore, the focus on the amendments will only consist the
problematic ones.
The main reason for the limitations are the time and cost-efficiency. Due to the limited time, I will
not be able to use surveys or questionnaires. Moreover, the presumptions on this subjects will be
carefully examined since they might be biased. On the other hand, presumptions are helpful to draw
a guideline and choosing the theories.
Final limitations are on the internship information, that the emotionality causes subjectivity. It is
important to keep in mind of the researcher's background and ideology in normative writings. Also,
it is important to keep in mind that the translated Turkish documents are always written for
someone and some purpose and the interpretations of them might cause subjective points in the
thesis.
2.7 Theoretical and Conceptual Framework
Theoretical and conceptual framework is crucial in thesis writing since it is important to check the
theories and reality. “Theoretical and conceptual frameworks provide clear explanation regarding
Esin Deniz Esmerok
10
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
the relationship of variables.”22
First of all the constitution theory will be used to focus on the compatibility of the principles with
the new constitution of Turkey. The principles such as legal legitimacy and the democracy will be
used for further deeper analysis of the new constitution. Afterward, the concept of fragmented
politics and normative legitimacy will be used in order to see the different interpretations of the new
amendments. Meanwhile, the new constitution is claimed to promote the democratization process of
Turkey which is following the norms of the EU. The structure and the norms of the EU will be
examined within the principles of the constructivism theory.
In the conclusion; with the evidence in seen the light of the current situation of Turkey, the thesis
will focus on the scenarios, that had been plotted whether the new constitution is a step forward for
the democratization for the EU membership or the new constitution has a hidden agenda of
dissolving the secular state of Turkey.
22
Paler-Calmorin & Calmorin 2007: 35
Esin Deniz Esmerok
11
Development and International Relations
10th Semester The Master Thesis
Supervisor
Per Lunde
3. Background Information
In this chapter, I will be giving background information on Turkey and the EU. The information on
Turkey will mainly focus on the previous constitutions relation to democracy, political parties and
amendments and the new constitutional amendments. Moreover, the information on the EU will
include the brief summary of Turkey and the EU relation and the policies of the EU on accession,
the democracy criteria and the constitution.
3.1 General Information on Turkey
Turkey is geographically located in Southeastern Europe and Southwestern Asia with the strategic
location of controlling the Turkish Straits which connects the Black Sea and the Aegean Sea. Total
borderline is 2648 kilometers. The government type is republican parliamentary democracy. Turkey
has 81 provinces with the capital city Ankara. President is Abdullah Gül and the Prime Minister is
Recep Tayyip Erdoğan,
moreover the cabinet is
appointed
by
the
president
with
the
nomination of
the prime minister. The
president is elected for
five years with the option
of second term eligibility,
that the prime minister is
appointed
by
the
president from the members of the parliament. Legislative branch is Türkiye Büyük
Figure 1- Map of Turkey23
Millet Meclisi- Grand National Assembly of Turkey (GNAT), where there are 550 seats and the
members are elected by popular vote to serve for 4 years. As an addition to this, the real growth rate
of Growth Domestic Product (GDP) is 7.3% and GDP per capita (calculated with purchasing power
23
http://www.mountararattrek.com/hometr.htm
Esin Deniz Esmerok
12
Development and International Relations
10th Semester The Master Thesis
Supervisor
Per Lunde
parity) 12,300 dollars. The unemployment rate is 12.4%, population below poverty line is 17.11%
with the population of 78,785,548. Finally, among that population, the ethnic groups distribute as
75% is Turkish, 18% is Kurdish and the rest is minorities.24
3.2 Constitutions and Democracy Search in Turkey
Turkey's republic area begin in 1921 Constitution. On the other hand, from the beginning this
constitution was seen temporary, because it was considered as the war period constitution. By 20th
April 1924, the new constitution of Turkey was in force with the main importance of the addition of
“the law of fundamental organization”. With this constitution, GNAT was recognized as the
representative of the Turkish nation. Moreover, with 1924 constitution, the legislative organ of the
Turkish Republic is recognized as council and the executive organ was defined as the president.
However, the multiparty system was a new concept for Turkish Republic and it did not fit the
council, which allowed council to have absolute support. Between 1950s and 1960s, GNAT's
decision making was controlled by the majority superiority in the parliament. In other words,
parliament became superior than the executive organ.25
When this area is focused on, there was a meeting between two Turkish Universities Ankara and
İstanbul Law Faculties in 1958. Within this meeting, faculty members presented a package of
changes to existing constitution. For 1924 constitution, it is important to mention that constitution
was accepted without a referendum, GNAT's approval was found satisfactory. On the other hand,
during those times, Turkey had infant industry and the politicians were inexperienced, which lead
the military coup in 1960. The government which was formed by the military coup rejected the
amendment package and ordered Ankara University's Political Science department members and
judicial organ to work together on amendments. One of the most important amendment was on the
effort of uniting the national identity of the country by referring to people as “citizens” instead of
“Turks”.26
24
25
26
https://www.cia.gov/library/publications/the-world-factbook/geos/tu.html
Özsoy 2000: 25
Ortaylı 2011: 33-34
Esin Deniz Esmerok
13
Development and International Relations
10th Semester The Master Thesis
Supervisor
Per Lunde
The 1961 Constitution separated the activities of legislative, executive and judicial organs. Double
council system was enforced, (GNAT and Senate of Republic) which lead the legislative organ to
slowdown its activities.
27
Moreover, the amendments of the constitution was heavily criticized by
claiming that Turkey was not ready for the foresight of the amendments on organizations, right to
debate and freedom of speech. Even the citizens of Turkey mainly supported the interference of the
military between 1960s and 1970s. In 12th September1980 Turkey faced with the second military
coup in its history and the political parties and the parliament were shot down.28
The 1982 Constitution is considered to be a “response constitution”. With this constitution, the
double council system was removed to fasten the activities of the legislative and executive organs.
Furthermore, it also aimed to put a stop to the political fragmentation in 1961 to 1980.29 The writing
style of the constitution was not legal. Especially on the issues such as the fundamental freedoms
and organizations, it had complications for citizens and jurisdiction organ to interpret and conduct
the provisions. However, the citizens were hoping to end the military pressure on their daily lives,
so the amendments were passed by 92% “yes” responds in referendum. Militaristic involvement in
the process of the new constitution affected the structure of the constitution and this is the only
constitution that involves comments rather than provisions.30
First party of the Turkish Republic was formed before the establishment of the republic, in 1922.
When Atatürk who was the founder of the Turkish Republic was the president of the country,
multiparty system was tried to be applied however, the attempts were failed. During the era of the
second president İsmet İnönü, the domestic politics were left alone due to the threats of the World
War II.
Finally after 1945, the multiparty system attempts got serious and between 1945 to 1980, 80
political parties were established. The most important representative of the Turkish political left
Republican Party of the People(CHP), the center-right Democratic Party (DP), the right Welfare
27
28
29
30
Özsoy 2000: 25
Ortaylı 2011: 35
Özsoy 2000: 26
Ortaylı 2011: 36-38
Esin Deniz Esmerok
14
Development and International Relations
10th Semester The Master Thesis
Supervisor
Per Lunde
Party(RP) were established during that time. The Welfare Party was shut down during 1990s and
instead of that Felicity Party(SP) took its place, some time after that a group of people inside from
this party formed the Justice and Development Party(AKP).
The political fragmentation in Turkish politics also formed during that time. Members, who were
not happy with the management of the party, were resentful to the other members or could not find
what they had looked for in the party, separated and formed different parties which ended in little
groups of political parties and political fragmentation. The participants of the military coup of 1982,
tried to stop the fragmentation of the political parties because they had realized it would become a
greater problem in the future. During 1980 military coup, participants tried to control the veto
power and allow the Turkish political left and right to enter in the elections with one party from
each. However, it was considered as one of the biggest symbols of the lack of democracy in
Turkish history. After the political pressure of 1980, 10 new political parties are formed. On the
other hand, the military coup 1982 constitution did not allow members of the political parties to
switch from one party to another. That is the reason, members resigned from the political parties
and formed new parties. All in all, those acts increased the speed of the political fragmentation.
Until 21st century, twelve elections were conducted and six different systems used in those elections.
The persistent system for elections could not be applied, that increased the injustice and because of
the high level of benchmark for entering the parliament, some ideas and groups were not
represented in the council.31 By reaching to 21st century, it is seen that in 77 years 57 times the
government has changed. Public opinion on this generally formed around the idea that the political
fragmentation's origin was conducted in the 1950s. However, the statistics show that after 1982
military coup to 2000, 13 times the government had collapsed and re-established. The main reason
for that can be the interest relations of the parties rather than attempts to find solutions for the
existed problems. 32
As an addition to all, one of the most crucial cause of the fragmentation in Turkish politics is that
the main political parties lost their voters' support. The rate of votes, the political parties were not
sufficient for one party to form government in the parliament, which caused unwanted coalitions.
31
32
Özsoy 2000: 34-37
Ibid.: 47
Esin Deniz Esmerok
15
Development and International Relations
10th Semester The Master Thesis
Supervisor
Per Lunde
Only party benefited from that era was Nationalist Party of the People (MHP), they collected the
voters of the main parties who were tired of the passiveness of their parties.33
With the 12th September 2010 referendum, once again Turkish Constitution had amendments.
Western part of Turkey mostly rejected the amendments, but the eastern side of Turkey strongly
supported the new constitution. Constitution was passed with 42% “no” to 58% “yes”. With the
conflictual passing of the constitution, Turkey faced with the problems with concepts such
legitimacy, democracy, jurisdiction and the foreign politics.34
3.2.1 Republican Party of the People (CHP)
'Before the establishment of Turkish Republic, the founder of Turkey Mustafa Kemal Atatürk
formed the party based on his principles; nationalism, republicanism, secularism and populism.
Afterward, statism and revolutionary were added to his principles and the symbol of the party
because of that included six arrows.
Party's revolutions on the areas such as education and legal system are the basics of Turkish
Republic. Those revolutions are the frontiers of the economic development and industrialism.
Moreover, after World War II, the party was also the pioneer for the transmission period of the
multiparty system for democratization, even though the party was the only political party which had
the absolute power over GNAT. In 1950s, the role of the opposition was undertaken and it was the
crucial period of institutionalization of the political life in Turkey.'35
With 1960s modernization period in Turkey, urbanization, immigration and industrialization were
triggered and CHP defined itself as the center of the left. During 1970s CHP's definition of itself
also transformed into the “democratic left” and adopted the principles of social reforms. Moreover,
CHP adopted the global principles of the social democracy, and also supported the international
33
34
35
Ibid.: 63-66
Ortaylı 2011: 39
http://www.chp.org.tr/?page_id=67
Esin Deniz Esmerok
16
Development and International Relations
10th Semester The Master Thesis
Supervisor
Per Lunde
activities of the Socialist International and European Socialists Party.36
CHP is currently the opposition party in GNAT and they have lost last two elections in Turkey.
Although CHP is still considered as the party of Atatürk and his principles and they transformed
from being “party of the governments” to “party of the people” and from “party of order” to “party
of revolutions”.37
3.2.2 Justice and Development Party (AKP)
'The party was formed in 14th August 2001, also frontiers of the party are Tayyip Erdoğan, Abdullah
Gül and Bülent Arınç. Except the members of Welfare Party and Felicity Party, AKP also gathered
the names from other parties of the center-right. With 3rd November 2002 elections, party got the
majority of the votes and constructed the 58th government under the leadership of Abdullah Gül.
During that time, Erdoğan was politically banned and that is the reason, he was not the head of the
party. In 2003, his political ban was removed and he was elected from Siirt to attend GNAT. On 11 th
March 2003, Gül was resigned from the government, and on 15th March 2003, Erdoğan established
the 59th government of Turkish Republic.
Party was criticized of carrying the “national opinion” movements traces. National opinion
movement was formed by Welfare Party and supported an isolated Turkey within its own values and
beliefs and also an open market without interest rate. Publicly, Erdoğan announced that they are no
longer supporting the national opinion movement. Another criticism to the party was claimed by the
right oriented party MHP and left oriented CHP, that the steps which AKP had taken to the EU
accession was jeopardizing the national interest of the country.
On the other hand, in 2004 local elections, AKP won once more with majority of the votes.
Moreover, in the 2009 elections, AKP again collected the majority of the votes except the support of
36
37
Ibid.
http://www.chp.org.tr/?page_id=67
Esin Deniz Esmerok
17
Development and International Relations
10th Semester The Master Thesis
Supervisor
Per Lunde
the Aegean Region, Southern Anatolian Region and Thrace Region.'38
Even though, AKP is heavily criticized of having the national opinion movement and
fundamentalist background, AKP's Statute included the chapters referring to Republicanism as the
only regime of Turkey and the sovereignty solely belong to the citizens of Turkey. Moreover, the
Statute included that the rule of law is the main authority in Turkish Republic.39
Furthermore, Turkish political life is based on the principles of Atatürk and AKP would protect the
norms and values of Turkey which continue from the establishment of the Republic.40 Furthermore,
AKP is a “human” centric political party, which means, AKP was only established to serve the
citizens of Turkey. The happiness, the felicity, the security and the health of the nation are the main
goals of the political party. All the citizens under the name “the Republic of Turkey” would be
treated equally.41 AKP respects all the citizens' race, religion, language, perspective and freedom of
speech; and all citizens have the fundamental rights.42
Furthermore, The Statute contains chapters on right to strike and freedom of speech. All the citizens
are free to chose their life styles and they have the right to strike and freedom of speech within the
rules of the Constitution. All citizens are subjects to law and their equal under the rule of law.
Fundamental rights are not subjects to change or voting.43
AKP considers the source of economic growth is human beings. Moreover, the party defines the
role of government in economy as regulatory and supervisory. The unequal distribution of income
and unemployment are problems of socioeconomic perspective. The government should be aware of
the advantages of the globalization and should take measures of protection from the downsides of
38
39
40
41
42
43
http://genelsecimler2011.com/adalet-ve-kalkinma-partisi-akp-tarihi/6042030
The Statute of AKP 2002: Art. 4.1
Ibid.: Art 4.2
Ibid.: Art. 4.3
Ibid.: Art. 4.4
Ibid.: Art. 4.8
Esin Deniz Esmerok
18
Development and International Relations
10th Semester The Master Thesis
Supervisor
Per Lunde
the globalization.44
The AK Party cares about the representative democracy's components as it should be pluralistic,
participatory and the quality of contestants should be considered. The efficient implementation of
these features and the establishment of a high quality and supervised public administration, depends
on the civil society organizations' importance and indispensability.45
3.2.3 The Judiciary System in Turkey
The judiciary system of Turkey contains four main courts; the courts of justice, the administrative
courts, the military court and the constitutional court. The courts of justice mainly focuses on the
subjects that matters to private law. Those matters can be in two different forms; civil or penal. The
civil court of the peace is the lowest civil court which operated with a single judge. The civil court
of first instance are basic courts with the jurisdiction over civil trials which are not assigned to the
civil court of the peace. Those courts specializes on different areas such as labor disputes, land
disputes, traffic disputes.46
The lowest criminal court is the penal court of the peace and the trials which are excluded from this
court's jurisdiction is taken by the the penal court of first instance. Furthermore, the central criminal
court has the jurisdiction over the criminal offenses including the imprisonment more than five
years or capital punishment. Final court of that are the state security courts which has the
jurisdiction over the matters with the involvement of national security.47
The council of state is the highest administrative court which has the jurisdiction over the public
law involving a government agency or ministry. Those courts have 22 subordinate courts and 33 tax
courts. Military courts have the jurisdiction over military or military personal. Three separate courts
44
45
46
47
Ibid.: Art. 4.10
The Statute of AKP 2002: Art. 4.13
http://faculty.cua.edu/fischer/ComparativeLaw2002/collins/History%20of%20Turkey.htm
Ibid.
Esin Deniz Esmerok
19
Development and International Relations
10th Semester The Master Thesis
Supervisor
Per Lunde
are in use; the military criminal courts, military criminal court of cassation and a supreme military
administrative court. Final court in Turkey is the constitution court which was established in 1961.
The role of the court is to ensure all the legislation and executive actions is confirmed by the
constitution. The rule of the constitution court is superior than other courts.48
3.3 The Constitutional Amendments
With 12th September 2010 referendum, 26 amendments were passed. Those amendments will be
briefly mentioned in this chapter in order to be analyzed in 5th chapter.
The positive discrimination against women, children, elderly, disabled or war veterans should not be
accepted against the equality principle.49 Moreover, the personal information of the citizens would
be gathered according to the law. Citizens would have the right to demand their personal records to
be removed.50 The ban on overseas output, in other words, banning citizens to go out of the borders
of Turkey would be able to be given by only jurisdictional ways. Military service statue or tax debts
would not be subjects to this matter. 51This amendment aims to protect the rights of free movement
and protect the structure of families.
The workers would have the right to be in various amounts of unions in the same sector.
Furthermore, the last decision on collective bargaining of the officials would be decided by the
public officials of the conciliation committee instead of the Council of Ministers. The collective
bargaining reflections to retired citizens would be edited by the law. As an addition to this, the union
would not be responsible for the damage which may occur during a strike. Strikes that seek political
interest, solidarity strikes, general strikes, slowing down the business or resistance would not face
constitutional obstacles. Under GNAT's ruling, the Public Inspection Agency would be formed. This
agency aims to solve the complaints about the management by compromising instead of carrying
48
49
50
51
Ibid.
Constituent Assembly of Turkey 2010: Art. 10
Ibid.: Art. 20
Ibid.: Art. 23- Art. 41
Esin Deniz Esmerok
20
Development and International Relations
10th Semester The Master Thesis
Supervisor
Per Lunde
them to jurisdictional organs.52 Every citizen in Turkish Republic have the right to petition. The
petition would be given directly to the Public Inspection Agency. The organization of the Public
Inspection Agency, its duty, mission, the operations to the review of petitions, also chief inspector's
and public inspectors' qualifications, principles and procedures, would be edited by law. 53
The members of the parliament who are found responsible for the political party closure and banned
from political life, would operate independently until the end of their terms of office. Also, the
political bans would be reduced to three years from 5 years. Instead of closing down the political
party, the Constitution Court would cut off the complete amount or a portion of State Aid to political
party depending on the degree of the trial. This action is subject to the trial of closing down the
political party and can not be a trial by itself. Dissolution of political parties would be possible by
the final ruling of the Constitution Court to the trial, which can be authorized by two thirds of the
majority in the commission that is formed with the president of the parliament and five members
from each political parties that are represented in the GNAT, after the request of the Supreme Court
Chief Prosecutor. Also, the term “permanently dissolved” is removed from this article. 54 The article
on the cancellation of the membership to the parliament is completely removed from the
constitution.55
The president for GNAT would be in his terms of office for two years for the first time, in the case
of re-election the president would continue his duties for the next general elections.56 The Council
of State and the Administrative Courts would not be able to conduct inspections under the reason of
“pertinence” and establish provisions under the reason “interest of public”. When the High Military
Council terminates a military officer's services, the person can apply to other courts other than
militaristic ones. Colonels and generals who leave their positions due to promotion or lack of staff
positions, would not be able to return to their previous positions.57
52
53
54
55
56
57
Ibid.: Art. 53
Ibid.: Art. 74
Constituent Assembly of Turkey 2010: Art. 69
Ibid.: Art. 84
Ibid.: Art. 94
Ibid.: Art. 125
Esin Deniz Esmerok
21
Development and International Relations
10th Semester The Master Thesis
Supervisor
Per Lunde
The government officials would be able to include their personal rights into the collective
bargaining documents. Moreover, the officials would be able to go to trial about their disciplinary
punishments by applying to jurisdictional organs.58 The inner inspectors in the Ministry of Justice
would only be inspecting justice services and public prosecutors. The judicial inspectors would be
responsible for review and investigation.59
The Constitution Court would have 17 members. The Accounting Bureau and the attorney bars
would send nominees and GNAT would appoint three of them. Other fourteen members would be
appointed by the the president of Turkish Republic. From those appointments, four of them, who
must be senior executives, attorneys, first class judges, public prosecutors or rapporteurs of the
constitution court with five years of experience would directly by the president. Four members from
the Court of Appeals, two from the Court of State, one from the Military Court, one from the High
Council of Military and last three would be academicians who are approved by the Ministry of
Education. Furthermore, the members of the Constitution Court would serve for twelve years and
members who are 65 should retire. Citizens who have failed in every jurisdictional organ in Turkey
would be able to make application to the Constitution Court before taking the case to the European
Court of Human Rights. The president, the chief of the staff and the president of GNAT would be
subject to the Supreme Court, in those cases the constitution court can act as the Supreme Court.
Also, the subjects such as the cancellation of the articles in the constitution and the dissolution of a
political party would be possible by the twelve votes of the seventeen members.60
The military court judges should not consider “the necessity of the military services” while they are
ruling.61 The supreme board of judges and prosecutors would have 22 original members and 12
alternate members. The Ministry of Justice committee chairman and the undersecretary of Ministry
of Justice would be the natural members of the board. Four members would be appointed by the
president of the Republic of Turkey among attorneys and people, who practice law. Three members
from the Supreme Court, two members from the Council of State and one member from the Turkey
Justice Academy would be a part of the Board. Moreover, the Board would have seven senior
58
59
60
61
Ibid.: Art. 128
Ibid.: Art. 144
Constituent Assembly of Turkey 2010: Art. 146-147-148
Ibid.: Art. 156
Esin Deniz Esmerok
22
Development and International Relations
10th Semester The Master Thesis
Supervisor
Per Lunde
criminal judges and prosecutors; three senior administrative judges and prosecutors as its members.
The judges and prosecutors who are removed from their professions can file complaint to the
Board.62
Last amendment is regarding to economic and social council that this should be an constitutional
institution. Participants of the 12th September 1980 military coup and the judicial organs of that
period
62
63
should
be
subject
to
trial.63
Ibid.: Art. 159
Ibid.: Art. 166
Esin Deniz Esmerok
23
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
3.4 Brief Overview of Turkey – the EU Relations
After the establishment of the European Economic Community in 1958, Turkey applied for
membership in 31st July 1959. Later on, the Council of Minister of the Community granted Turkey
with an association agreement. On 12nd December 1963, Turkey and the Community signed the
Ankara Agreement which is the guideline for the integration period for the membership and the
Agreement came into force on 1st December 1964.64 Ankara Agreement is established “... to
promote the continuous and balanced strengthening of trade and economic relations between the
Parties, while taking full account of the need to ensure an accelerated development of the Turkish
economy and to improve the level of employment and living conditions of the Turkish people.”65
In other words, the Agreement defined the steps of the Customs Union as the preparation phase, the
transition phase and the final phase.
The preparation phase is easily completed, later the transitional phase needed more detailed
provisions. Because of that the Additional Protocol was prepared for the framework for the Customs
Union that is the free movement of goods which is the dissolving of customs between the
Community and Turkey and the reduction of the other duties to the European level. As an addition
to this, European Community accepted Turkey to reduce the duties gradually since Turkey had
infant industry, where European Community reduced them immediately. However, after the first
reduction, Turkey did not oblige the requirements which did slow down the process.66 The
relationship between Turkey and the Community had frozen due to Turkey's lack of compatibility
with the requirements. In year 1985, the transitional period did not completed and the will of Turkey
for the membership raised concerns. Especially after the military coup, the membership discussions
deeply dimmed for a long term. In year 1987, the accession period had its u-turn, since the new
government of Turkey announced that their priority in the foreign arena was the full membership to
the Union. 14th April 1987, the government decided to re-apply for the full membership,
disregarding the previous events. 67
After the re-application, the Council gave Turkish request to the Commission and their reply was to
64
65
66
67
Ankara Agreement 1968.
Ibid.: Art. 2
Nuray 25/10/10: 2
Ibid.
Esin Deniz Esmerok
24
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
complete the requirements of the Customs Union and the additional requirements until 1995. In 31st
December 1995, as a consequence of the Association Council's adoption of decision 1/95, the
Customs Union between EU and Turkey was completed.68
The completion of the Customs Union was not enough for the full membership, consequently
Turkey kept her foreign policy attached to her priority. On the other hand, after the positive efforts
of Turkey, On Luxembourg European Council Summit in 1997, Turkey was not declared as a
candidate due to the fact that Turkey was not fulfilled the Copenhagen Criteria. Turkey continued
the reform process and responded that the EU should also keep their commitments. “This was a
reaction to being left out of the enlargement process encompassing 12 countries and also the
inclusion of Cyprus among the six initial countries with which negotiations would commerce.”69
Finally on 1999, the Helsinki European Commission Summit, Turkey was announced as a candidate
which smoothed the relationship between Turkey and the European Union. After that the
negotiation framework was introduced to Turkey which defined the adoption of acquis
communautaire that is all rights and obligations regarding EU, its administrative structure and
necessary institution reform process.70 Meanwhile the Commission would monitor the period and
check the ability of Turkey for fulfilling the Copenhagen Criteria.
The enlargement policy of the EU was also a guideline for the accession period for Turkey. The
enlargement policy is the principles of liberty, democracy, human rights, fundamental freedoms and
rule of law. Any country which respect the principles can apply for the full membership. For
negotiation process to start, the EU requires the countries to be compatible with the Copenhagen
Criteria. The Copenhagen Criteria promotes EU principles, a functioning market with ability to
cope with competition pressures and the ability to assume obligations of membership. Furthermore,
within the enlargement policy, the candidate countries are expected to adopt the rules of the EU and
the administrative structure. The countries should be able to transpose the EU legislation and the
implementation and enforcement should be effective at administrative and jurisdictional levels.
Moreover, the EU is responsible for protecting its own decision-making structure, institutions and
68
69
70
Nuray 25/10/10: 3-4-5
Ibid.: 7
Nuray 26/10/10: 1
Esin Deniz Esmerok
25
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
policy making from the new members' possible negative impacts.71
In December 2002 The Copenhagen European Council Summit, the Commission suggested Turkey
for the Council to check whether Turkey fulfilled the Criteria or not. In 2004, after the
recommendation of the Commission, Turkey was declared that she has fulfilled the Copenhagen
Criteria sufficiently by the Council.72 The negotiations started under 25 chapters. In 2006, Turkey
failed to manage the relationship with Cyprus, The Council banned 8 chapters and also added that
none of the chapters would be closed until this problem is solved. Furthermore, five other chapters
are banned by France and other four by Cypriot Greeks, that adding up to 17 blocked chapters.
Now, thirteen chapters are opened and three chapters are under opening benchmark.73
One of the obstacles between the EU and Turkey has the utmost importance, that is the issue of
Cyprus. Cyprus had been an issue in Turkish history for many times. In 1993, it became crucial
dispute between Turkey and the EU, the EU demanded the problem to be solved. Even more, in
1997 Luxembourg Summit, the membership of Cyprus to the Union was assumed that it would
appease Turkish side and the Greek Cypriots to solve the issue.74 It did not work out. Moreover, for
Turkish accession, Greece played a huge role and she “... persuaded its 14 members in the Union to
add resolving the resolving of the division of Cyprus to the list of short term actions that they
(Turks) must carry out before the start of membership negotiations.”75 This issue was not originally
included in the Copenhagen Criteria, but Greece's pressure on the EU caused the member states to
pursue Turkey about this subject. Moreover, in 2004 the United Nations suggested a method for the
island, that two sides should be unified under one sovereign state; which is called the Annan Plan.
75% of Greek Cypriprs votes “no” and 64% of Turkish population voted “yes” in the referendum on
the Plan. Because of the result, Turkey believed that EU “... failed to fulfill its promises to Turkish
Cypriots in return for their cooperative attitude towards resolving the conflict under the auspices of
United Nations (Annan Plan).”76
The issue of Cyprus had a direct effect on the accession period, where “... the EU leaders in 2006
71
72
73
74
75
76
http://ec.europa.eu/enlargement/the-policy/process-of-enlargement/index_en.htm
Nuray 26/10/10: 2
Ibid.: 3
Çarkoğlu&Rubin 2003: 193
Ibid.
Ilgaz&Toygür 2009: 10
Esin Deniz Esmerok
26
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
decided unanimously not to open negotiations in 8 chapters and not to provisionally close any
chapters until Turkey fulfills its obligations deriving from the Additional Agreement – which
basically implies extending customs union to Republic of Cyprus.”77 Turkey, on the other hand,
rejects the extension of Customs Union to other side of the island and blocks the transportation
from Cyprus ports. Moreover Turkey claims that if this is a violation of Customs Unions, so does
the imposed quotas on Turkey's trucking which are imposed by Greek Cypriots. In near future, this
dispute do not look bright and the conflict between Turkey and Cyprus carry the accession process
to a dead end.
3.5 The EU on Democracy and Constitution
The main treaties of the EU manifest themselves as the basic rules of the EU like constitutions. The
Lisbon Treaty re-writes the rules of the EU. The current document had undergone stages of
preparation, negotiation and ratification. The treaty brought institutional innovations and policy
changes.78
One of the changes is citizen's initiative, which means, if one million Europeans present a petition
to the European Commission(EC) that the Commission would have to be look at the ways of
introducing proposals. Alternatively, the EC could force the Union's executives to look at the ways
of repealing legislation. Another adjustment is on law-making, which is the European Parliament
would be an equal in terms of law-making with the Council of Ministers, where member state
national governments are presented. Moreover, the treaty indicates some changes on policy-making,
which the European Parliament would be on equal legislative footing on policy-making with the
Council regarding the EU agriculture and fishery policies, trade policy, legal immigration and the
EU structural funds. 79
Also, with treaty, the national parliaments gain an increased role in the EU policy-making by giving
77
78
79
Ilgaz&Toygür 2009: 10
http://www.unizar.es/euroconstitucion/Home.htm
http://europa.eu/lisbon_treaty/glance/index_en.htm
Esin Deniz Esmerok
27
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
them eight weeks in which to argue their case if they feel a draft law oversteps the European Union
authority. Furthermore, instead of six months rotation, a permanent council president would chair
the EU summits for two and a half year renewable term. Another topic is the high representative for
Foreign Affairs and Security Policy, that the second new job created within the treaty. In other
words, the most powerful EU foreign minister will chair the meeting of foreign affairs ministers,
which oversee multi-billion EU aid budget and run the proposed European external Action Service.
As an addition to this, the double majority in council votes is presented in the treaty that changes
the voting arrangements in the Council of Ministers. In other words, instead of voting by unanimity
measures can now be carried out if they have 55% of votes in the Council from countries
representing 65% of the EU population. 80
Moreover, any new president of the EC would be elected by the European Parliament. The treaty
introduces the charter of fundamental rights that become legally binding which means, all laws
must adhere to them. The United Kingdom and Poland have certain opt-outs on this point.
Countries, first time in history, have the right to withdraw themselves from the membership to the
EU. In social areas new horizontal social clause is presented which ensures the EU policies would
take place into account of promoting high levels of employment. In addition to this, new provisions
are mentioned in treaty on civil protection, humanitarian aid and public health. Also, within the
treaty, first time within other treaties, there were references to new challenges of the world such as
energy solidarity and climate change. The importance of the treaty lies within its goals. It aims more
democratic and transparent Europe. Moreover, it promotes more effective decision making process,
which increases the efficiency and the legitimacy. Rights and freedoms are underlined and solidarity
and security are the terms which the treaty stressed on. In future, with the implication the treaty, the
EU plans to be a global trend setter, a more active player rather than being an observer.81
The EU defines democratization as a continuous phenomena, in other words, it is a gradual process
related to countries' socioeconomic and cultural contexts. Each country has different model. It
should be locally driven and consistent with the universal human rights principles. The EU
promotes democratization within 3 pillars; political dialogue, mainstreaming democratic values in
80
81
http://europa.eu/lisbon_treaty/glance/index_en.htm
Ibid.
Esin Deniz Esmerok
28
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
all EC development instruments and specific financial and technical assistance programs that
focuses on four key aspects.82
First pillar is promoted by helping governments to implement democracy and human rights
principles into their development programs and explaining them the possible benefits of the EC
assistance in this period. Second pillar focuses on the principles such as political participation,
representation, accountability, transparency and equality which should be implemented on planning,
design, implementation and monitoring of all policies and programs. Last pillar has four key aspects
which are the fair elections which should be transparent, the promotion of the importance of
institutional and organizational capacities of parliaments, the support to freedom of speech within
an independent and professional media and the specific need for the pluralistic political systems.83
However, the democratic control mechanism in the EU is also subject to criticism.
On the subjects of elections and referendums, “... the voters positions on European matters have
appeared to be strongly correlated to the popularity of national governments.”84 Elections in 2004
showed a 20% decrease in the voters amount, which signaled the problematic beyond the national
interests among parliaments. Two reasoning had been discussed, the first one claims that citizens
have very low trust on the European Affairs and to the ones who govern. The second view is more
optimistic, that median voters are deeply satisfied with the current situation and did not need to vote
at all. Still, it can be discussed that the domination of national parties are blocking the ways of
traditional left/right cleavages which increases the need for unified public space at the European
level “... where the public opinion would feel it relevance to express their personal preferences.”85
The EU's solution to it was in the Lisbon Treaty which allowed “... new powers bestowed on
Parliament”86; however, this time criticism shifted the issue of electing directly the president of the
Commission, which claimed to be “... politicizing the Commission [that] would be incompatible
with the Commission's function as arbiter of the Treaty application, and its exlusive power of
82
83
84
85
86
http://ec.europa.eu/europeaid/what/human-rights/index_en.htm
Ibid.
Micossi 2008: 6
Ibid.: 7
Ibid.
Esin Deniz Esmerok
29
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
legislative initiative.”87
On the subject of democracy, it is crucial to discuss the role of national parliaments. Implication of
treaty modifications need the central role of national parliaments, it is also important for the
constitute of the Union's primary law. The treaty increased the role of national governments, on the
other hand, promoted the power of the European Parliament that “... national parliament control is
inevitably weaker over the council decisions regarding the Union directives or policies where
majority voting is the rule.”88
The EU does not have one power center, the power is spread out over multiple centers and used
through various decision-making procedures. The Lisbon Treaty enables the European Parliament to
intervene in decisions. “Power in the Union is not organized according to the division of power
paradigm typical of Western democracies, but according to a model where different powers re
shared among stakeholders, as in pre-modern Europe politics: member states, the European
Parliament, Community, technocrats.”89 Even though the various power centers are functioning in
the EU, the Commission is defined as the technical power which acts as an executive agency and a
judge more than a government in order to be the guardian of the treaty.
Moreover, popular dissatisfaction with the democracy in the EU is also connected to the ideas of
“constitutionalists” or “non-majoritarian” mechanisms, which allow executive and legislative
powers independent from the majority politics. Increasing the role of the Parliament and the Court
leads central banks and regulatory agencies to be bounded to parliamentary scrutiny. In other words,
“it follows a federal organizational model and is firmly grounded in economic policy theory; it
conveniently frees national political system from the onus of applying unpopular legislation that
may harm widespread interests and removes the exercise of such powers from the preview party
politics.”90
87
88
89
90
Ibid.
Micossi 2008: 8
Ibid.: 9
Ibid.: 11
Esin Deniz Esmerok
30
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
Next chapter will be explaining the theories and concepts in order to reach the analysis of the thesis.
After that, it will be reader friendly to combine theories and the background information to answer
the
main
Esin Deniz Esmerok
questions,
which
this
thesis
is
looking
forward
to.
31
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
4. Theories and Concepts
This chapter aims to explain the concepts and theories which are going to be used in analysis
chapter. In order to understand the relationship between real life matters in background information
and the theories to work on thesis questions, this chapter holds a crucial importance.
4.1 The Constitution Theory
“The constitution theory [involves] tracing in the constitutional rules on the development of the
state institutions, and in turn, the impact of political events and state institutions on the
constitutional system.”91 The theory defines the concepts of state and constitution referring to them
as set of policy structuring rules and the emphasized on the importance of institutions and rules
which they follow. Furthermore, the theorists claim that lack of public authority causes a tie
between the civil society's demands and competence of state institutions. That requires the reorganization of political institutions of public society.92
“Constitution theory is traditionally regarded as a normative inquiry concerning the interpretation of
the constitution and the role of the Supreme Court in democracy.” 93 The study of the relationship
between the constitution, rules and the government actions are made by the descriptive-explanatory
component, which is a normative component. Within this study, all government institutions are
included; the president, the Congress and regulatory agencies. Furthermore, the political morality
and the textual interpretations within politics are the building blocks of the theory.
The modern concept of state is driven from Europe in order to accommodate the socioeconomic
changes of Industrial Revolution and the emergence of new groups in society. The concept of
modern state shifted “... the normative concept of constitutional order from one of the congressional
government and a Supreme Court free to interpret any provisions of the Constitution to one of
91
92
93
Griffin 1991: 661
Ibid.: 662
Ibid.: 663
Esin Deniz Esmerok
32
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
presidential government and a Supreme Court largely restricted to these provisions of the
Constitution dealing with individual rights and separation of powers.” 94 Also the modern
democratic state contains public institutions, rules and individual holding offices that is responsible
to citizens in legal sense. Moreover, the below text emphasizes on the significance of independent
jurisdiction in order to create provisions to promote individual freedoms and separation of powers.
Mainly, the constitutional theory focuses on the sovereignty and the public authority. Excluding the
state from this concept would mean the neglect of constraints of individual behavior and passive
role of the past choices of the state. In other words, the past of a state hold a significant importance
to understand the reactions of the society to the constitution and it helps theorists to examine the
individual behaviors and interests of the political entities in sociological concept. 95 Furthermore, the
past of a country is regarded as weak and strong as having the “... capacity to act or not; [that]
strength or weakness refers to the ability of the state to act autonomously from civil society.” 96 That
refers to a weak state as it is dominated by interest groups.
To focus on the relationship between the constitution and the political system, theorist are advised
readers to determine which rules are a part of the constitution. “The common sense definition of
constitutional law that takes account of [the] phenomenon is the text of the constitution plus the
settled interpretations developed by the federal court.”97 The constitutional law is basically the text
of the constitution; however, the interpretations of the text is left out of that study. The
constitutional theory claims that in order to avoid the problem of descriptive and causal concept in
favor of normative concepts, it is important “... to understand the characterization of the set of
constitutional rules that follows is not intended to advance normative thesis.”98 In this perspective, it
allows the researchers to discard the questions such as “do we have an unwritten constitution,
should we recognize extra textual values”. It will be explained further in the criticism of the theory,
however, in brief, the exclusion of the normative interpretations of the constitutional text or the
history of a country, would leave out the existing problems in the society.
94
95
96
97
98
Griffin 1991: 666
Ibid.: 667
Ibid.
Ibid.: 668
Ibid.: 669
Esin Deniz Esmerok
33
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
In addition to this, the policy structuring rules are a part of every state, which are “... any [rules] that
can influence a wide variety of policy outcomes.”99 The law of the constitution should be common
for all other entities in the state, and to all of the rules of government. However, it is crucial to state
that the constitutional law is beyond the framework legislation and the policy structuring rules;
those are just a part of it. “State laws concerning political parties and voter legislation clearly have
the potential to affect national political outcomes”, that is the reason of why they can not be
considered as a part of constitutional law.
4.1.1 Criticism
As all the normative studies might face, the normative theorist are at the risk “... unless it can be
shown that they refer to a system that actually exists.”100 In other words, the normative studies are
subjective and without any prove they fail to examine the real world within the theoretical
framework. The interpretations of the constitution or the different views in the society should be
available in order to conduct proper hypothesis for the constitution research.
Moreover, the constitutional theory is deeply criticized because of its attempt to exclude the past of
the nations. Working on the constitutions of a specific state needs the history of the political
regimes, socioeconomic structures and general history. “Describing a specific state is a historical
task.”101 Exclusion of the historical content is not helping the researchers and brings shallow
information.
Also the descriptions such as political system is too broad. It is easy to define a government with
the current one in the office instead of permanent institutions and problems of them. The previous
studies on the constitutional theory had failed to include state and its dynamics.102 Furthermore, “the
framework legislation is different from ordinary legislation that it does not formulate specific
policies for the resolution of specific problems.”103 The framework is so far away from the reality
and excludes the normative concepts of the society. Within the concepts there is not legitimacy
99
100
101
102
103
Griffin 1991: 669
Ibid.: 663
Ibid.: 666
Ibid.: 667
Ibid.: 668
Esin Deniz Esmerok
34
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
problems and there is perfect harmony between regulatory agents.
Even though it is claimed that state laws concerning political parties and voter legislation are not a
part of the constitutional law; “ … the state election laws [do] play an important role in determining
the structure of the national state.”104 Behavioral consent of the constitutional law restricts the views
of constitutional system.
4.2 Legitimacy
Habermas and Offe's claims on the legitimate state definition is that “... the state must sustain the
process of accumulation and the private appropriation of resources; on the other hand, it must
preserve belief in itself as the impartial arbiter of class interest, thereby legitimating its power.”105
My focus within the legitimate state concept will be on the legitimacy of the constitution. He
legitimacy of the constitution evolves around different concepts of legitimacy; legal, sociological
and moral.
4.2.1 The Legitimacy of the Constitution
First of all, the legal legitimacy is based on legal norm, that means “... which is lawful is
legitimate.”106 In other words, any law which is constitutionally invalid can not be binding.
However, there are cases that legal legitimacy of judicial rulings might be incorrect and lack of
reason. In this case, legitimacy “... may depend on standards that allow a larger margin of judicial
error.”107
In a sociological perspective, the legitimacy is measured by “... a constitutional regime,
governmental institution, or official decision posses legitimacy in a strong sense in so far as the
104
105
106
107
Griffin 1991: 669
Coetzee et al. 2001: 204
Fallon, Jr. 2005: 1794
Ibid.: 1795
Esin Deniz Esmerok
35
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
relevant public regards it as justified, appropriate, or otherwise deserving for personal reward.”108 In
other words, with Max Weber's traces, it is claimed to be active belief of citizens that the authority
deserve respect or obedience. It is sometimes generated from habit or self-interest.
Final component of constitutional legitimacy is the moral one that is “... a function of moral
justifiability or respect worthiness.”109 When a decision is appropriate for legal legitimacy, it still
might be illegitimate morally. Moreover, within this theory, the theorists claim that legal regimes
gain supporters in the absence of better realistic alternatives, 110 that lowers the standard of
government's legitimacy. Some philosophers and theorists emphasize on this as the citizens are
morally obligated to obey all the rules of the governments, if only the rules are within their criteria
of legitimacy.111 In other words, people describe the laws as legitimate when they believe that the
rule setters are morally legitimate within their beliefs. However, the government officials who have
taken oath to obey the constitutional law and the citizens, who have not taken any oath are both
equally binded by the constitutional law.112 The general conclusion is that the law is not supposed to
be morally legitimate that sometimes to protect someone's freedom, the law must limit some other's.
Within the concept of legal legitimacy, Weber defines legitimacy as social stabilizer. He presented
three approaches with legitimacy. First of them is attitudinal approval that is “... the rules are
accepted because of internalized belief in the rightness of these norms.”113 The second one is the
behavioral approval that “... you play by the rules e.g because that is the way for you to come
forward.”114 The final one is the cognitive approval which means that “... people get aware of the
way in which things are. [This] does not mean that people approve, but cognitive recognition can
produce behavioral consent.”115
4.2.2 Theorizing Democratic Legitimacy of the EU
108
109
110
111
112
113
114
115
Fallon, Jr. 2005: 1795
Ibid.: 1796
Ibid.: 1798
Ibid.: 1800
Ibid.: 1801
Stryber 2001: 8701
Ibid.
Ibid.
Esin Deniz Esmerok
36
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
In this chapter, I will be introducing the concepts of legitimacy, objects of legitimacy and the
variables of legitimacy with a close relationship to the EU.
First focus is on the concepts of legitimacy. The concept of legality is purely juristic issue. In other
words, it checks if the stated legal regulations have been violated. This concept depends on
judgments of national or supranational identities. Within the EU; the European Court of Justice is
that identity. “In connection with the EU, two dimensions of the legality can be differentiated,
namely the compatibility of the primary legal basis of the EU treaty with the national constitutional
law and, secondly, formal compliance with the law in the legislative and executive decision-making
process within and among the EU institutions.”116
Other concept within legitimacy is acceptance that is sometimes defines as the belief in legitimacy.
The legitimacy of a state solely depends on the support of citizens. To measure it empirically, public
opinion surveys can be used. In relation to the EU, it depends on citizen's support to their own
country's membership to the Union.117
The last concept is the normative justification is characterized by the subjective norms. That is the
reason, it is found the most controversial concept. In other words, even though a specific matter is
legally legitimate and protected by law, in case of not related to the individual's subjective norm, it
can still found to be illegitimate. In relation to the EU, the specialists argue that the EU should
increase the citizen's opportunities to decision-making process in order to close the gap of
normative legitimacy deficit.118
I will be focusing on the objects of the legitimacy by emphasizing on political system in the EU, the
Eu institutions and the Eu political decisions. By focusing on the political system of the EU, the
criticism of the individuals' subjectivity will be eliminated in order to express a profound
information on political system. It is mainly focuses on the constitution of the EU and its
institutional reforms.119
116
117
118
119
Wimmel 2009: 6
Ibid.: 7
Ibid.
Ibid.: 8
Esin Deniz Esmerok
37
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
The legitimacy of the EU institutions are solely based on how they are applying the reforms of the
constitution. In other words, when the institutions fail to adhere to applicable law, they “... do not
enable democratic participation.”120 On the other hand, the EU institutions are legitimizing
themselves “... by providing effective problem-solutions, or act and make decision with a high
degree of transparency.”121
The argument on the EU policy decisions are more empirical subjects. This can not be analyzed
with a whole perspective or just focusing on the institutions. Some decisions can be legitimized by
the certain variables of the legitimacy within themselves.122 To understand the legitimacy concept of
the EU, I will focus on the variables of the legitimacy. The main variables of the legitimacy are
participation, process and results.
The democratic legitimacy of the systems always depend on the variable participation. Citizens
participation to the decision-making process can be direct or indirect. To influence the formulations
of the policies can be done by electing representatives. Elections are free, fair and secret; but to
what extent those elections conduct a collective identity is the question. In other words, it is
clashing with the ideas of the normative legitimacy. Even in the EU terms, referendums or inclusion
of civil society to decision-making process still can be illegitimate according to the normative
perspective.123
Moreover, the variable process is dependent on institutional decision-making process. In this
subject with the new treaty promoting the rights of the European Parliament, has legally legitimized
the decision-making process. Some critical perspectives are based on the discussions such as “to
what extent national parliament should be more integrated into legislative process, to what extent
transparency in the decision-making processes and access to information play a role.”124
“The last variable makes democratic legitimacy of a political system dependent on the quality of its
120
121
122
123
124
Wimmel 2009: 8
Ibid.: 9
Ibid.
Ibid.: 10
Ibid.: 11
Esin Deniz Esmerok
38
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
results; that is a decision-made and their consequences resulting from the political process.”125 In
another saying, it follows a case that has included the citizen's participation is managed, how it has
processed and functioned and what is the result from it. In the EU level, the rule of law, security, the
creation of the permanent peace and economical growth, the compatibility of policies are guarantied
by the legal legitimacy and the belief in the legitimacy. However, the results of the process can
always carry the risk of being subject to normative legitimacy.126
4.3 Democracy
The concept of democracy is a very broad subject, that is the reason, I will be limiting areas of
democracy which are relevant to the thesis.
One of the studies on democracy claims that the concept has three aspects of democracy. Those are
“... democracy as a political system – or more specifically as a form of regime, democracy as a
prevailing norm for decision-making in political organizations and associational life [and]
democratic attitudes, tolerance, fair treatment at the individual level.”127
In this thesis, democracy's all aspects will be used; especially the normative and attitudes aspects.
Normative aspect of the democracy will be used as descriptive-explanatory component in this
research and the attitudes will be helpful with legitimacy to emphasize on the new constitution.
Dahl emphasizes on democracy by defining it as a complex phenomenon which have different
meanings. Especially, he focuses on various types of constitutions and underlines that different
constitutions can be democratic, moreover, there can not exist only one type of democratic
constitution.128 Furthermore, Dahl characterizes the democratic process and claims the democratic
process should include the effective participation between members of political parties, equal voting
125
126
127
128
Ibid.
Wimmel 2009: 11
Dengbol-Martinussen 1997: 196f
Dahl 2001: 38
Esin Deniz Esmerok
39
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
system, consciousness of policies, control over political agenda (every political party should be able
to set the agenda of the politics freely and fairly) and all citizens should have citizen's rights as its
criteria.129
Furthermore, the democracy presents the opportunities such as participation, fair elections,
information transfer, control over the agenda of the country and the involvement of all adults to
political system.130 Also, Dahl claims that the classical democracy presents free jurisdiction,
fundamental rights, general freedom, freewill, independent moral features, humanistic development
and the protection of human rights and the modern democracies also presents peace and welfare as
an addition to those.131
Moreover, Dahl defines democracy as political system and dictates its core characteristics as “...
meaningful and extensive competition among individuals and organized groups for the major
positions and government power, a highly inclusive level of political participation in the selection of
leaders and policies, at least through regular and fair elections, such that no major adult social group
is excluded; and a level of civil and political liberties – freedom of expression, freedom of press,
freedom to form and join organizations – sufficient to ensure the integrity of political competition
and participation.”132
Democracy in developing countries is claimed to be promoted because it is seen as a response by
civil society, social movements or to globalization. The emphasis is on the empowerment.
133
Turkey' democratic movement is a response to globalization and her journey with the Union for
fifty years. As an addition to this, democratization is also promoted by the formulation of social
movements and the strengthening of civil society in any form. “It is important to note that in the
countries where decisive changes have taken place, these changes have gone in the direction of
strengthening the independent organizations of its citizens, whether in form of political parties or in
the form of interest organizations representing economic groups like the business community or
129
130
131
132
133
Dahl 2001: 39
Ibid.: 40
Ibid.: 48
Dahl 1971
Thomas 2005: 658
Esin Deniz Esmerok
40
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
labor.”134
One of the most important factors in democratization is power relations and interest conflicts
between the rural and the urban population. Ruling class can take over the needs and demands of
rural class use their rights. Generally the rural population is still agricultural and the income gap is
too high; whereas the focus of the urban population seems to be to maintain their rights and powers.
The contradictions and conflicts of interests between the urban and the rural populations weakens
the democratic institutions and process. 135
All in all, Dahl finally focuses on the question of “why” regarding the concept of democracy and he
defines ten most important advantages of the democracy. First one is that democracy aims to protect
the political system from the possible take over of dictators. Also, democracy provides fundamental
rights to citizens which non-democratic regimes would or could not provide. Democracy promotes
the privacy of citizens much more than other alternatives. Furthermore, democracy helps the
citizens to protect their core interests. Only a democratic government can give the opportunity of
choosing their destinies that citizens has the chance to live under the laws that they have chosen.
Only a democratic state would let its citizens to chose their moral criteria. Moreover, democracy
can promote political equality. Modern democracies decrease the possibility of wars. Finally,
democratic states grow economically faster than the non-democratic states.136
4.3.1 Conservative Democracy
Lately, the conservative democracy term had been used globally. It had carried different meanings
but most likely is is described as an attitude that the real profound meaning of the term is within a
political ideology which gives the term its conceptualizm. The early ideas emerged at the end of
18th century and the beginning of the 19th century. As an addition to this, the reactions to the
transformation of political and socioeconomic concepts are the pillars of the conservative
democracy concept. Instead of French type of conceptions, the theorists promote the society's
134
135
136
Dengbol-Martinussen 1997: 185
Dengbol-Martinussen 1997: 187
Dahl 2001: 63-64
Esin Deniz Esmerok
41
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
characteristic and conceptualize the human beings as the free primary actors of the political life. 137
After the European school of theoristsi the theory has its philosophical roots in the Anglo-American
school with Russell Kirk. During that time period, the conservative democracy term gained an
authoritarian and moderate characteristics. The European school is criticized by the AngloAmerican school for rejecting all kinds of reforms and being too reactive to real world. The AngloAmerican school is considered to be more flexible and open minded about the the change. 138
Edmund Burke's traditional theories on the conservative democracy reject the interference of the
government but promotes the religious authority, traditions and beliefs of society. Moreover, the
pillars of his ideas are the importance of the religion, the risk of inequality with the suppose of
reform, the importance of rank and the division of labor and their necessity, the protection of private
property; the view of society as organism rather than mechanism and finally the crucial significance
of the past and its continuity.139
The difference between the European school and the Anglo-American school is driven from the
different perspectives of English and French revolutions. The Anglo-American school of theorists
defines the French revolution as the break of the past. Instead of that, they favor English revolution,
since the revolution changes the royal family tree and keeps the regime. They used traditional rules
to repair the relationship between the king and the society.140 Moreover, they claim that the French
revolution deletes their historical heritage and allows empty minds to build up the new regime. 141
On the other hand, the European school is more theocratic and describes the French revolution as an
unique event in the history and it showed the power of human beings by destroying all the
obstacles. Building up a nation and conquer of a nation has close relationship and that can be a good
example for social engineers of society.142
137
138
139
140
141
142
Aydoğan 2003: 25
Türk 2003: 123
Zürcher 2003: 40
Aydoğan 2003: 26
Beneton 1991: 16
Aydoğan 2003: 28
Esin Deniz Esmerok
42
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
The classical conservative thought imposes hierarchy, aristocracy, the hierarchy between the state
and the society and the holiness of the religion as the main representatives of the theory. Th new
wave of conservative thought combines liberalism and the ideas of Burke and slides to democracy
and open market economy. It is more sociological than philosophical. Turkish conservatism was
born within nationalism and what is described as sacred. They promote the open market economy
and economical relation's freedom in social life and they support an authority to restore the order.143
4.3.2 Secularism: Kemalist Secularism and the Modern Turkey Secularism
The concept of secularism is not easy to explain. The secularism in traditional sense holds three
aspects. “One, the autonomization of politics in the modern state, i.e., in “Christian terminology”
the institutional separation of state and church. Two, the decline of the cultural relevance that
religion plays in integrating modern societies. Three, the privatization of religion, reducing religious
beliefs to a means of the individual of mastering the contingencies of modern life.” 144 Before I start
with the details of Kemalist secularism, it is important to mention that Turkish secularism is build
with the theory of justice, which is “...the state can favor no particular religion and no penalties or
disabilities may be attached to any religious affiliation or lack thereof. The notion of a confessional
state is rejected.”145 This is important to be established from the beginning, because sometimes
secularism in Turkey is presented as a specific arrangement between politics and religion to justify
the political Authority of Turkey's Kemalist state elite.146 Atatürk defined secularism as an crucial
part of modernization and social change. “Kemalist secularism is not to be understood as the
encouragement of atheism; however, neither was it simple matter of separation of religion and state
in order to promote westernization.”147 Moreover, secularization did not happen only in courts and
schools, but also encouraged the separate division “ulema” to function as facilitator of Islam.
Islam was not the target of Kemalist secularism but the fanaticism itself was aimed to be ripped of
from Turkey's society by the reforms. Some of those policies are:
• “Establishing the Directorate of Religious Affairs: Under this new institutional framework, all
143
144
145
146
147
Aydoğan 2003: 41
Jung 2006: 4
Mahoney 2010: 3
Jung 2006: 5
Landau 1984: 126
Esin Deniz Esmerok
43
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
religious staff had to be trained, employed, and controlled by the state.
• Adopting the Swiss civil code.
• Reforming the educational system: The Unity of Education law was one of the most powerful
tools to indoctrinate the entire nation with the state ideologies of secularism and westernization. All
religious schools were outlawed, and even private institutions were subject to state-monitored
curriculum. All Islamic schools and private meetings to study Islam were outlawed.”148
Instead of focusing the past of secularism in Turkey, I will move on to 1982 Constitution and to
modern Turkey secularism. In 1982 Constitution, one of the articles included the irrevocable
establishment if the secular principle. It is dictated “...as required by the principle of secularism,
there shall be no interference whatsoever of sacred religious feelings in State affairs and politics” 149
in the constitution. Furthermore, the article four declares the provisions of the first three articles that
“...the republican form of the state, its characteristics, territorial and national integrity, and the
declaration of Turkish as state language – are not subject to any amendments.”150 With this article,
secularism, nationalism and the political legacy of the Kemalist revolution would be protected from
upcoming constitution amendments.
Secularism in the modern Turkey is a little tricky. As an illustration, I will begin with some
background information on the current prime minister of Turkey, who had a heavy conservative
political history. Tayyip Erdoğan was sentenced to ten months of prison with the conviction of
“crime against the state” because of his speech in 1990. That might increase the question whether
he believes in secularism or not.
Another important information is secular institution of religion in Turkey. Turkey has Diyanet – a
Presidency of Religious Affairs that conducts provisions regarding religious matters such as
construction of mosques but not related to the matters of churches and synagogues. Moreover, it is
crucial to state that the modern secularism is not totally blocking the religion out, as an illustration
“the Turkish government regulates curricular materials for the mandatory religious instruction that
students receive in publicly funded schools.”151
148
149
150
151
Tatari 2004: 7
Jung 2006: 7
Ibid.
Mahoney 2010: 4
Esin Deniz Esmerok
44
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
“In some ways the Turkish model of secularism resembles the French conception of laicite
according to which religious institutions are regulated by the state in order to maintain the strict
separation of religious and secular power.”152 On the other hand, with the ruling of AKP, the debates
on Turkish secularism has heated. Especially, many Kemalist secularism supporters are openly in
argument about the headscarf. “Many secularists claim that political institutions in Turkey are under
threat by people who seek to institute religious based conceptions of political authority by
disguising these aims in secular garb.”153 The allowance of the people who use head scarf’s entering
to the political entities are defined as political symbols. Using headscarf for symbolism undermines
political system of Turkey and struggles that had occurred in the past of democratic movements.
“There is a long tradition of suspicion, based in part on a fundamental lack of trust within Turkish
civil society, that politicians with a hidden agenda are using democratic means to achieve a
religiously motivated agenda.”154
The new amendments of the new constitution were criticized for undermining the traditional
principles such as secularism. In other words, it is suspected to be have a hidden agenda towards
removal of fourth article in the Constitution. Moreover, the amendments on military and jurisdiction
backed up many conspiracy theories towards the new amendments.
On the other hand, it is also important to point out the view on Diyanet. In another saying, the
secularist's support to Diyanet shows that they are not against Islam if the institutionalized Islam
reaches the criteria of secularism “...that of promoting the republican ideals of the secular Turkish
Constitution.”155
Moreover, some secularists think within the modern Turkey, Diyanet's decisions are not carrying the
essential means to end of a secular state. “State policies with content that affirms the religious
convictions of some citizens while entailing the falsity of religious convictions held by others
violate the demand for equal treatment. Religious equality is a political value of great importance.
Politicians and philosophers who defend Diyanet have the burden of showing that, in the context of
152
153
154
155
Mahoney 2010: 4
Ibid.: 5
Ibid.: 4
Ibid.: 5
Esin Deniz Esmerok
45
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
contemporary Turkey, the equal treatment requirement as it applies to religion has to be temporarily
suspended as a means to a political culture in which liberal values can flourish.”156
For reader's friendly purposes, I will be focusing on headscarf issue a little bit more within
secularism. In debate, the headscarves are claimed to be political symbols and underneath it, there is
a message of abolition of secular political authority. Also, “...wearing a headscarf is a violation of
norms of civility which require citizens and state officials to abstain from invoking religious reasons
in debates over law and public policy and rescinding the headscarf ban will expose women to
serious pressure and thus erode the right to a fair opportunity to choose one’s own religious
convictions.”157 Within this subject, the other concepts such as democracy clashes with secularism.
As this is also the same criticism to referendum, that the result is from a democratic attitude, bu the
final output will or will not have hidden agenda of religious pressure on people are subjects to
normative studies. The fear from Sharia is causing suspicion. Secularism, in that case, is the only
fortress of modernization.
4.3.3 Political Fragmentation
The definition of the political fragmentation is generally explained within the concept of
geographical differences. In other words, when the jurisdictional systems of the areas changes, the
political fragmentation increases.158
The political fragmentation which is related to this thesis, is not driven from the geographical
obstacles or the diversity in jurisdictional systems. The term is driven from the non-democratic
treatments which have occurred in the process of the multiple party mechanism. Later on, the
constitutional law forced the politicians to leave and form a new party due to the resentment within
the political parties or ideological difference. Sometimes, it is also defined as the interest relations
had caused the fragmented politics, which lead traditional left and right wings of political arena to
spread in to small pieces.159
156
157
158
159
Ibid.: 6
Mahoney 2010: 7
Weiher 1991: 31
Özsoy 2000: 63-64
Esin Deniz Esmerok
46
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
4.4 Empowerment and Participation
Empowerment and participation are two approaches which are emerged within the theory poststructuralism or alternative development. In this thesis, I will be focusing on specifically those two
approaches within the political participation and empowerment of the people through out the
political processes. However, I will give brief information on the post structuralism in order to
understand the influences on the participation and the empowerment.
The post-structuralism had effects on many disciplines such as politics, art and social sciences. The
theory is a “... generic term used to refer to all those theories that rejected the principles of
structuralism.”160 The theory mainly focusing on understanding the relationship between the
individual events and the actions. Even though the theory is too broad, it is crucial to point out the
Foucault's ideas on the power relations in order to understand the normative stance of this thesis. He
argues that social relations are determined by power, for instance between “... a teacher and
student; doctor and patient; parent and child”161. In this thesis, it will be between the political
officials and the society or the rural population and urban population. Moreover, he describes power
that can be in multiple directions such as bottom to top or top to bottom, unlike the structuralism.
Also, as it is stated in alternative development theory, this perspective is actor oriented.162 This
means that unlike the descriptions of structuralism, in post-structuralism citizens have a chose to
change their destinies. This is also similar to the democracy concept, where people are defined as
independent. People have the the possibility of choosing and changing the social structure.
Structuralism, on the other hand, describes citizens as helpless and their roles in the society is
defined and is not subject to change.
Furthermore, the approach of participation is used in many areas just like the post-structuralist
ideas. Participation is also used in political arena. First, the concept is emerged within the
development studies and spread to other principles. Basically, it can be summarized as the
160
161
162
Sim 2001: 341
Lavalette and Pratt 2006: 146
Berg 22/09/09: 30
Esin Deniz Esmerok
47
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
involvement of the people and groups in to the decision-making processing that they can influence,
direct and follow the provision and implementations of the decisions. 163 As an addition to this,
Oakley defines empowerment within the participation approach to social relations. In other words,
he involves the empowerment of the actors in the society who can address the needs of the people
who are not in ruler class or elites of the society.164
Mainly before political participation, this approach is related to the empowerment of people in order
to reduce poverty. With the political perspective it focuses on expression of “...the excessive rights
that a certain group of people has appropriated for itself in the social order.”165 It has the similar
motive with democracy to establish the equality and bring an order to power relations.
Another actor oriented approach empowerment aims to “... enable people to develop skills and
abilities to become more self-reliant, and to make decisions and take actions essential to their
development.”166 Empowerment ideas are applied to politics and it requires the increase in the
number of political actors in the society. Specifically “... the rise of civil society as a collective
actor, working for political agendas outside the established framework of party politics.”167 Once
again, it promotes the democratization of the politics within the politics.
Furthermore, the principles of empowerment claims that the political party system establishes the
interest of parties, they neglect the needs of the society such as the problems of poverty,
unemployment and inequality. Friedmann believes that “... the attention should be given to
satisfying the “basic needs” of people for food, water and shelter rather than to simple growth
maximization and those who were concerned with the “outer limits” of the planet's resources.”168
On the other hand, he emphasizes on the obstacles in society that are generally emerged because of
the variation of people's backgrounds, beliefs and traditions, he claims that “... [empowerment]
163
164
165
166
167
168
Oakley 1991: 6
Oakley 1991: 21
Sadan 1997: 123
Karl 2000: 3
Friedmann 1992: 1
Ibid.: 3
Esin Deniz Esmerok
48
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
requires a strong state,”169 that the local governments should be in touch with the society to learn
their issues and central government can conduct surveys and questionnaires. Within the scope of
this thesis, that can be referred to referendum.
As an addition to this, he claims that the interest of the rural poor and the urban poor is different.
The lack of understanding to the difference causes “... problems in spelling out the meaning of
“standard of living” and of “security””170. That can cause the isolation of one group of citizens or
people to give up on their democratic rights and freedoms in exchange of security, that the political
parties are failing to present.
4.4.1 Criticism
The first criticism on the post-structuralism is driven from the claim that the post-structuralism is
just a reaction to the structuralism, which is not a theory of itself. 171 In other words, it is claimed to
be a mixture of theories such as deconstructionism, feminism and postmodernism. Moreover, the
criticism also made on the concept of political equality that the post-structuralism basically focused
on the gender equality rather than the general equality in the political arena. It is based on the
feminist research and lack of originality.172
Within the approach of participation it is criticized because of its lack of focusing on the power
relations. In other words, it is claimed that the the exercise of power between different partners can
be a source of conflict. There is always a risk of elite take over and neglect of rural class. 173 Similar
to the criticism of participation, empowerment is also criticized for being ambiguous on power
relations.
As an addition to this, empowerment is criticized for “... ambiguity and lack of distinction from
169
170
171
172
173
Ibid.: 7
Friedmann 1992: 10
Young 1981: 5-6
Lewis & Kanji 2009: 56-57
Ibid.: 84
Esin Deniz Esmerok
49
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
participatory, collaborative, stakeholder involving and utilization focused approaches, particularly
in practice.”174 Participation or empowerment of a specific group of people is questioned whether it
is democratic or not. Furthermore, empowerment principles are emphasized on small groups of
people, “... what happens when these groups try to address the broader society” 175 is still ambiguous
and lack of normative study on that subject limits the involvement of democracy and legitimacy.
Moreover, the empowerment is claimed that “... can never be truly objective”176, because it would
always be promoting one single purpose. It is similar in the constitution amendments conflicts in
Turkey since the constitution promotes democratic applications; however, also new applications to
the jurisdiction system. Total participation of human beings are promoted, but to what extent or to
which purpose is still on the table and causes it to be conflictual.
4.5 Constructivism
“Constructivist insights as applied to Europe are shedding light on issues – the nature of political
order, the (re)construction of identity, the formulation of political community – of more general
interest.”177 The constructivism is not the theory which have started the studies on the EU;
however it has considered as the turning point of the studies since it is considered as the theory
which shows the impacts of the Union on European countries. The school of constructivism is based
on four different views; conventional, interpretative, critical/radical and post-positivist.
First one the conventional constructivism is emerged in USA. The theory “... examines the role of
norms, and in fewer cases, identity in shaping international political outcomes.”178 This view
suggests that the political outcomes of the EU is based on the common norms and identities in the
Union; however, the part of the identity is the problematic side of that theory. Second one is the
interpretative constructivism; that pointed out the role of language in constructing social reality. As
an illustration “... instead of examining what factors caused what aspects of a state's identity to
change, interpretative constructivists would explore the background conditions and linguistic
174
175
176
177
178
Sharkey 2005: 27
Ibid.: 28
Sharkey 2005.
Jorgensen, Pollack & Rosamond 2007: 57
Ibid.: 58
Esin Deniz Esmerok
50
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
constructions that made any change possible in the first place.” For instance, Soviet Union's identity
is also studied by this approach, identity is examined by claiming its emergence from texts and
novels in Russian History.”179
Third school of the constructivism is the critical and radical one, that keep linguistic measures, “...
but adds an explicit normative dimensions by probing a researcher's own implication in the
reproduction of the identities and world he/she is studying.”180 That one actually focuses on the
critique of the conventional constructivism, where the theorists had failed the include the power
relations between the countries. It allows to add the past of the country's into the perspective.
The last school is the post-positivist constructivist theorists, that the theorists, “...instead of starting
with certain givens [and] exploring their causal impact on outcomes, they might explore the
discursive practices that makes possible certain EU norms in the first place.”181 That focuses on
the historical background and the patterns of growth in Europe, to explore the similarities which
made the EU to be formed at the first place.
Moreover, the background of the constructivism is separated into two different perspective. One of
them is the strong constructivism where the the ideas are based on the facts. For instance, “the
social practices in the laboratories that isolated a relevant phenomenon, the social practices involved
in the classification and explanation of that phenomenon, the organization of the scientific
community in and throughout which information about various claims is conveyed and circulated,
and so forth.”182 In other words, the strong constructivism is interested in the consequence of the
events rather than its cause. That includes the radical and criticized conservatism. The weak
constructivism is defined as the ideas about the causes of the phenomenon.
Moreover, some of the theorist claim that the basis of the constructivism is normative. Also, the
normative background of the theory suggests that there is not an absolute scientific norms in the
process. Especially, the causality of constructivism is broad subject and the answers are not always
singular. In other words, there is no right answer to theoretical debates but many answers with many
179
180
181
182
Ibid.
Jorgensen, Pollack & Rosamond 2007: 58
Ibid.:59
Khalifa 2010: 46
Esin Deniz Esmerok
51
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
critiques.183
When the constructivism is focused on the EU, the “... constructivism, like rational choice, is not a
substantive theory of European integration per se, but a broader meta theoretical orientation with
implications for the study of the EU.”184 Within that concept, the theorist claim that the informal
norms and the rules has the effect of constitution among the citizens to shape their preferences and
identities, which they call logical consequentiality. 185 The rational choice approach is driven from
the conventional constructivism and highly criticized due to its limitation of norms as the sole
constructor of the EU.
On the other hand, the post-positivist constructivist rejects the ideas of rational choice. The ideas
are criticized for being “up in the air” and that the theories are not based on real life experience.
They claim that norms are subject to change and even more, during the years the EU itself had
changed. In addition to that they describe the change in the EU is the common component to
explain the construction of the Union.186
Finally, the theorists claimed that the unification of the approaches are the best answers to
constructivist theories are aiming to answer. In other words, the theories can engage with each other
within four theoretical conversations;

“...competitive testing, in which competing theories are pitted against each other in
explaining a single event or class of events;

a “domain of application” approach, in which each theory is considered to explain some
subset of empirical reality, so that, for example, utility maximizing and strategic bargaining
obtains in certain circumstances, whereas socialization and collective preference formation
obtains in others

a sequencing approach, in which one theory might explain a particular step in a sequence of
actions (e.g., a constructivist explanation of national preferences) while another theory
might best explain subsequent developments (e.g., a rationalist explanation of subsequent
183
184
185
186
Ibid.: 50-51
Pollack 2005: 365
Pollack 200:365
Ibid.: 366
Esin Deniz Esmerok
52
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
bargaining among the actors); and

“incorporation” or “subsumption,” in which one theory claims to subsume the other so that,
for example, rational choice becomes a subset of human behavior ultimately explicable in
terms of the social construction of modern rationality.”187
4.5.1 Criticism
The first important critique on that theory is on the conventional constructionist’s failure to
underline the impact of identity. In other words, if the one identity in the European society
dominates the other one, the persuasion mechanism dominates the political outcomes.188 It is
against the European constitution, which promotes democracy and equality.
Furthermore, even though critical and radical theorists focused on the power relations between
countries in the Union, once again the post-positivist theorists failed to include the current position
of the Union after the last enlargement policy. Last enlargement allowed the Union to let members
which have not experienced the similar histories and development patterns in the past. It is
mentioned in the chapter 3.
Another criticism is on the differentiation of the weak and strong type of constructivist theories,
theorists claim that “...some middle path between strong and weak constructivism is possible.”189
the critiques are gathered around the social constructivism that both the consequences and the
causes are relevant to each other. Exclusion of one them is causing the diversity between the
constructivist schools.
Finally, the application of the theory to the construction of the EU is criticized between the different
schools. At the end they tried to apply constructivism with a combined perspective. On the other
hand, the conventional constructionist ideas are highly criticized for being non-democratic and
187
188
189
Ibid.: 367
Jorgensen, Pollack & Rosamond 2007.: 59
Khalifa (2010): 47
Esin Deniz Esmerok
53
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
harming the principles that the EU is standing for.190
190
Pollack (2005): 366
Esin Deniz Esmerok
54
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
5. Analysis
In this chapter, I will be focusing on the main questions of the thesis in three parts. The first part
will focus on the theories and the applications of them into the real concepts. The second part will
be emphasizing on the problematic articles of the new constitution of Turkey within the perspective
of fragmented politics in Turkey. Finally, the last part will contain two sub sections and it will
explain the effects of the amendments on the current situation of Turkey, which will be supported
with real events.
5.1 Applications of the Theories
The theories which are explained in the chapter four are not always easy to apply to real life events.
The theories such as the constitution theory or constructivism are focusing on the concepts rather
than using approaches. That is the reason it will be easy to apply them to the reality.
For instance, the constitution theory focuses on the relationship between the constitution and the
Supreme Court. In its claims, it is dictated that the lack of public authority causes anarchy and the
constitution should play the role of descriptive and explanatory role as the rule setter to prevent that.
That is exactly the main reason of Turkey's previous constitutional changes. The lack of public and
political authority caused fragmentation in the society and in the absence of rules Turkish political
and economical system failed. For two times, Turkey had undergone military coups to maintain the
order into the society. After those coups, new Turkish constitutions were formed under the military
regimes.
However, it is important to focus on the criticism of the constitutional theory here, because the
constitutional theory had excluded the historical background of nations in its research. On the other
hand, it is almost impossible to explain the new constitution if the research is only limited to the
current amendments. Also, the theory excluded the concepts of legitimacy
and a common
description of democracy. Even though the previous constitutions were favoring the rule of
Supreme Court and the importance of democracy, the referendums were held under the military
Esin Deniz Esmerok
55
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
pressure and people voted to get through the pressure which was explained in chapter 3.2. It is
against the democracy concept and makes the amendments of the constitution legitimate to some
extent.
On the other hand, the constitution theory also focuses on the independence of the Supreme Court
but fails to make assumptions on the legislative system. For instance, Turkey's benchmark to enter
to the GNAT is 10%. It is one of the highest benchmark ratio in the world. Because of that last
elections only three parties were able to past the benchmark, and the one before that had only two
successors. Since the president can directly appoint four of the Supreme Court members, and GNAT
is appointing the president, how democratic or legitimate is the provisions of the Supreme Court can
be subject to question.
As another theory which is closely related to the constitution theory is the democracy. The concept
of democracy within the scope of this thesis focuses on it as the norm for decision making in
political organizations and associational life as it is explained in chapter 4.3. The universal
democratic constitution concept will be further be discussed in next sub-chapter. In this sub-section
I will be focusing on the universal democracy and the type of democratic differences in Turkey.
Most crucial separation point is the role of religion in the democracy. The universal democracy
principle dictates that favoring one religion is not democratic. On the other hand, Turkish
government is formed by AKP who defines themselves as the conservative democratic party. The
conservative democracy is explained in chapter 4.3.1 profoundly. Turkish conservative democracy
is attached to nationalism and the sacred principles of the religion. For instance, the religion of the
citizens is written in their national ID cards. As it is defined in the theory, Turkish government also
promotes the rule of the Supreme Court. On the other hand, the importance which the government
had put on religion awakens the fear of sharia that explained in chapter 4.3.2.
CHP's counter arguments against the conservative democracy is mainly based on the universal
values of the democracy. Especially, in Turkey which is multicultural country, mainstreaming one
religion might cause exclusions. That is the reason the Kemalist secularism is favored by the left
political parties. Kemalist secularism indicates that the nation can not favor one religion and
political organizations can not be attached to religion. That ideology rejects the political symbols to
Esin Deniz Esmerok
56
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
be used in governmental institutions such as headscarf. Under the AKP ruling, headscarf became
legal in universities and the arguments of head-scarf’s allowance to GNAT is still on the table. The
meaning of the head scarf issue is extremely normative. As I had mentioned in my methodology, I
had been raised with left side political views in Turkey's so-defined the modern city Izmir, the
fortress of CHP. In my perspective, there might be some clothing, but the head scarf had been and
will be an issue of symbol for religious propaganda. The allowance them to the universities is
against the Kemalist secularism.
Also, the democracy theories claim that every political and social group should have time to express
their views. The theory fails to include the benchmark problem into their studies. In Turkey, many
of groups of people are not presented in the GNAT due to this problem. Even more, citizens are
aware of that factor, and they feel obligated to chose between the major parties. The other parties
generally can not even get close to the benchmark. Also, the fragmentation in the political parties,
especially in the left side causes the votes to be separated and it gets too hard to unify them.
As an addition to this, other aspects of the conservative democracy is similar to the universal
principles of democracy. Turkish conservative democracy also favors fair elections. This also brings
the approaches of political participation and local empowerment. The democratic approaches
automatically promotes those principles. This is also similar in Turkey, for instance, the elections,
the referendum and the public opinion surveys are aimed for those approaches.
On the other hand, the criticism of those concepts are also relevant to this thesis. The political
participation can always have the risk of being dominated by the elites of the society which is
explained in 4.4.1. For instance in Turkey, during last elections AKP distributed coal to the
Anatolian cities. Meanwhile, CHP's election strategy was based on secularism. Turkish income gap
causes citizens to chose between their livelihoods and their ideologies. Many of the citizens reaction
to CHP's strategy was that it was ignorant of Turkish economical situation. The western major cities
of Turkey generally has higher incomes, that was the reason why, CHP had a victory over those
cities. As it is mentioned in the 4.3, where the urban population was looking for rights whereas the
rural class was looking for livelihoods. On paper, it is safe to say that the elections were democratic
and legitimate but the motive behind those votes are subject to questioning. The legitimacy of that
elections are again related to normative legitimacy.
Esin Deniz Esmerok
57
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
The implication of the legitimacy concept is a bit tricky. The legitimacy of the new constitution is
legitimate within the concepts such as attitudinal approval, behavioral approval or the cognitive
approval. In Turkey case, the right wing politicians and the true supporters of AKP has the
attitudinal approval. For instance, because of the article on collective bargaining, the unions votes
“yes” to the referendum, that is behavioral approval. The citizens who promotes Kemalist
secularism and the universal principles of democracy has the cognitive recognition, they are aware
of the current situation, but within democracy, the rule of law is valued more than personal
ideologies which creates behavioral consent on the amendments.
The legal legitimacy of the constitution is legitimate according to the theory. The lawful is always
legally legitimate. On the other hand, the normative legitimacy is a different perspective. Every
legal legitimate components can not have normative legitimacy. Moral legitimacy theorist claim
that people who have different beliefs and norms describes subjects differently. One may find one
of the articles in the amendments legitimate and the other one illegitimate. It is important to
underline that people describe subjects to have normative legitimacy if the subject is legitimate
within their own beliefs. Beliefs and norms can be affected by education, lifestyle and background.
The normative legitimacy is important but subjective in real life. The normative legitimacy will be
helpful while focusing on the interpretations of the amendments by the political parties with
different perspectives. It is also important tool to examine the scale of the political fragmentation in
the society.
As an addition to the whole, the constructivism should be used in order to examine the accession
period of Turkey and the new constitution's compatibility. Constructivist also divided into groups
while they are focusing on the EU. The theory is not the fundamental theory to theorize the Union,
but it is useful for the enlargement policy. For instance, the conventional conservatism suggests the
similar identities are the obligatory components for the Union membership. However, the identity
implicates the common norms and beliefs. Within this perspective, Turkey can not be a member,
since the Turkish identity and mainly the religion is completely different from the Europeans. It is
important to specify though that excluding one nation because of its religion or background is
discrimination and it is non-democratic. It rejects the European Union's fundamental pillars such as
democracy and freedoms. As an addition to that, the last wave of enlargement caused various
Esin Deniz Esmerok
58
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
troubles to the EU even though the countries had common beliefs and partially similar identities.
Because of the last wave enlargement policies, the EU changed its policy to a much more harsh and
strict policy.
As it is suggested in the constructivism, the theory should be used with many approaches. For
instance, the last treaty aimed to neutralize the power struggle within the Union, which is stated by
the critical and radical constructivism. Meanwhile, the post-positivist constructivism is favored
because, the theory suggests that the EU to focus on the practices which make the certain EU norms
possible in the first place. It is mainly based on democracy, protection of human rights and
promoting fundamental freedoms. Driven from that, the new constitution of Turkey is approven by
many EU officials since in many articles the democracy concept is issued and promoted. However,
the diversity of interpretations of amendments and the situation of the jurisdiction system and the
enforcement pace of the amendments are still worrying Turkey's accession to the EU.
5.2 How does the fragmented politics of Turkey plays a part in conflictual passing
of the new constitution within a normative perspective?
As it has been explained in chapter 4, the normative legitimacy of the articles in the new
constitution has various interpretations. Main reason is that the political parties defines legitimacy
within their normative understanding of the governmental structure. After the package of new
constitution was presented because of the fragmented feature of politics in Turkey, the oppositions
CHP and MHP rejected the amendments. Moreover, within AKP, some of the amendments were
criticized heavily. CHP mainly expressed their opinions as some of the articles were necessary
whereas some are non-democratic. MHP's objection was built upon nationalism and they claimed
that the passing of the new constitution would be the beginning of the non-democratization
movement.191
AKP's inner conflict was on the article of the “positive discrimination against women and children”
which was explained in chapter 3.3. Some of the members of the party claimed that the article have
implementations within Islamic and jurisdictional perspectives. On the other hand, the government
191
http://www.euractiv.com.tr/politika-000110/article/cemil-cicek-anayasa-paketini-gorucuye-cikardi-009442
Esin Deniz Esmerok
59
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
supposed to protect rights and freedoms of all citizens and stating the women and the children in the
article might be interpreted as discrimination. Even though this article was aiming to protect the
structure of the family in the Turkish society. In Islamic perspective, it is claimed that in case of
heritage the men are favored and in the case of marriage, the women are indicated to be paid
“mihir” for getting married. Islamic officials claim that the collective look to religion is more
reasonable, because the issue of equality is not mathematical. Especially, women in the work place
is claimed to be overprotected since it is not the main priority of women, if there should be a
privilege it should be given to men in the work place. They claimed that this article was a way of
trying to get the praise of Europe.192
On the other hand, alongside to Islamic perspective, within AKP, the jurists emphasize on the
meaning of the article. They claimed that the the ideology on this article might be interpretable
variously. It might be understood as the men and the women are not equal. Even the women is
positively discriminated, the men are still left behind. Within, legislative manners, it is against the
constitutional theory. Also, they claimed that when the ratios of women work force is taken into the
consideration, the positive discrimination against women is needed. But this article will not be able
to solve the problem of violence against women in Turkey, which will be explained in the next
chapter with facts of recent events in Turkey.
Moreover, CHP's concern on amendments were not only that chapter. CHP had claims on, for
instance the article 20 in the new constitution, that the personal information on citizens would be
gathered and would be deleted if there was a sufficient amount of demand from the citizen. CHP
claimed that in the existed constitution, the private lives of citizens were already protected. The new
provisions are implementing the sense of “a hidden thread”. This article will legitimize the listening
private conversations and using them if there was necessity. It is against the universal human rights
and fundamental freedoms. Furthermore, data would be collected by the commission which will be
formed later by the ruling party, in today's case; the AKP. Ironically, people, who voted for their
political representatives, will be able to controlled by the ones that they have elected. In a
democratic regime, the fear of being tracked down will emerge. This article is non-democratic.
Solely, the inspections on people's private lives is not a democratic movement.
192
http://www.ozgundurus.com/Haber/Soylesi/01082010/Anayasa-Degisikligindeki-Pozitif-Ayrimcilik-MaddesiTartisiliyor.php
Esin Deniz Esmerok
60
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
Furthermore, the 23th article on banning citizens to go out of the borders of Turkey also have its
flaws. To be more specific, this term is used in criminal cases to avoid people to flee from
jurisdictional legislation. It includes various types of crimes such as murder, robbery, crimes against
the state. People who are standing trial because of those crimes will be able to leave the country
unless the trial is finalized. It gives people opportunity to flee and it affects the jurisdictional system
in Turkey. In that sense, people who have committed those crimes including tax fraud would vote
yes for this article. However, the normative legitimacy is open to questioning. Is it more democratic
or is it lowering the power of the constitutional law.
As an addition to those, the allowance for workers to the various numbers of unions is another issue
in the new amendments. The argument on this subject is created by CHP that this article is not
crucial nor practical. The allowance is claimed to be creating a active various interest groups along
side with the political power. By this action, the government will have control over the unions and
the monthly payments to several unions would overestimate the budgets of the unions. In other
words, the the unions might face with the treat of losing their initiatives within the union. If the
members of the union are not committed to the initiatives, there will be a risk of losing the upper
hand for workers' rights. Moreover, this article takes away the right of legislative action by the
union on behalf of their members since the members are not solely members of the one union. In
this perspective, the CHP advised worker's to rethink and veto this article.193
Similar to this article, also the article on the collective bargaining has been criticized. The existing
constitution gave the government officials the right of collective meeting with the government.
Moreover, the right to strike was also attached to that right. With the new amendment, the right to
strike will be completely removed from the constitution and as an addition to this, the word
“meeting” has been changed to “bargaining”. According to this new provision, when both sides can
not reach to compromise, the conciliation committee would make a provision on behalf of them.
From this point of view, it is actually a step backward for the government officials. As an addition
to that the right to strike for workers also changed according to the new provision by stating that the
possible damages from the strike of workers will only be the responsibility of workers. In that
sense, the provocations to workers will only damage the workers itself. The unions will take no
193
http://www.r-demir.com/makalelergsboncekilergoster.aspx?m=156
Esin Deniz Esmerok
61
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
responsibility in those cases anymore. The claims on this issue is evolving around the fact that the
rights of the workers will be diminished by promoting the unions which will act as a feudal network
which controls the workers. As it is mentioned in the criticism of empowerment and participation,
the possibility of the manipulation to the union is on the table.
Also on the article of the right to petition is conflictual, since the existing constitution gave the
citizens the right to petition through the petition committee inside GNAT. The only problem here is
the new system is blur. In other words, the citizens who act as the public defenders will supply
petitions but how will this new committee which is formed within AKP ruling and protected by the
constitutional law, evaluate those petitions is vogue. Since the administrative courts does not have
the right of conducting inspections under the reason of “pertinence”, it is important that this article
should include the path of the inspections towards the public inspectors' petitions.
Furthermore, opening up the high military council to the civil inspection might look democratic at
the first glance. However, how the civil courts will have the understanding of the militaristic
processes is open to criticism. Especially, the civil judges can have different interpretations of the
militaristic trials. If the civil jurisdiction involves in the business of the Armed Forces of Turkey,
especially, the civil jurisdiction is accused of being one sided, the results can be drastic for the
future of Turkish Army. As an addition to that, the crimes including the state security, constitutional
system and order are not subjects of the military courts. In Turkey, the government and the military
is in open conflict and letting the civil courts to take the cases of the military courts is subject to
questioning. This article is posing as reducing the power of military courts, however, the recent
situation in Turkey demonstrates that it is also attacking the structure of the military. CHP is also
promoting reduction of political power of military, but the reducing the power of the military courts
is not democratic and suspicious, if the recent Ergenekon Trial is over-viewed, which will be
discussed in the next chapter.
The most important conflict is arisen from the new proposed structure of the Constitution Court. It
is crucial because the proposed structure leaves the authority of the Constitution Court to the hands
of executive system. The reason of it is that the large number of the members of Constitution Court
is chosen by the executive board which is the government. Within that structure, it implies that the
governments beliefs and norms change, the judges' stance on the issues also will be changed. It is a
Esin Deniz Esmerok
62
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
violation of many concepts such as democracy and legal legitimacy. In other words, the
Constitution Court would lose its independence. Moreover, the appointed members of the
Constitution Court will not be necessarily chosen from the top jurists, random professions will be
applicable for the job. For instance, one of the institutions in Turkey after the 1982 military coup is
the institution of higher education. After the closure of the institution because of corruption and aim
of getting rid of the 12th military coup institutions, the members of that institution had been
appointed as members of the Constitution Court. It is pointed out that when an institution is closed
because of the high level of corruption, it is puzzling to appoint its old members to the Constitution
Court.194
Also the new provisions on the High Council of Judges and Prosecutors was conflictual. It is
conflictual and non-democratic because non of the democratic states in the world had the minister
of Justice and its secretary as the members of the High Council. When the minister is the president
of the council, it implies that there is political intervention to high jurisdiction. In other words, it
increases the effects of executive branch to the High Council and the provisions of the High Council
is driven by the executive branch. However, in a democratic state, the jurisdictional branch is
supposed to be independent from all political effects. This is against the concept of democracy
whether it is universal or conservative perspective.
CHP defines the spirit of the constitution as broken in many aspects. It is claimed to be prepared
based on private interests rather than universal constitutional principles. The nature of the changes
are based on civil control rather than civil protection. Moreover, instead of pluralistic democracy,
the majority dictatorship is promoted. Instead of promoting the superiority of judges, the superiority
of government's judges are promoted. The jurisdictions' three main pillars are shaken:
independence, neutrality and freedom. Final claim is that the new constitution was supposed to
unify the Turkish society and create a collective democracy based constitution; but instead of that it
is causing diversity and discrimination in the society.195
As an addition to this, the other opposition party MHP also rejected the new constitution. Mainly
they had claimed that for more democratic state, there is a clear need for a new constitution.
194
195
http://www.r-demir.com/makalelergsboncekilergoster.aspx?m=156
Ibid.
Esin Deniz Esmerok
63
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
However, they claimed that the new constitution would only be more discriminating. In other
words, they combine their views with nationalist views and reject the constitution mainly because
the new constitution will allow the democratic opening for Kurdish people. Kurdish problem is not
in the scope of this thesis, as a consequence I will not be focusing on that opposition.
Their most important claim is that AKP manufactures already existing constitutional laws within a
compromising language, and adds non-democratic features. They dictates that many of those new
amendments are already in the social state principles and Turkish Criminal Law. Especially, the
amendments on elderly and disabled citizens are aiming to create a pretty picture because Turkey
had been a member of United Nations and Turkey had edited those chapters in order to reach the
conformity for membership. The existing law had not been enforced by AKP government.196
Furthermore, the new constitution had been criticized for leaving the crucial problems such as head
scarf issue, the problems of the graduates of imam preacher schools, unequal opportunity within
education system. For instance, before the draft of the new constitution was prepared, MHP
suggested to include head scarf allowance for female student into the universities to “positive
discrimination” article. On the other hand, draft of that provision was rejected in the GNAT. Also,
even though the new constitution opens the jurisdictional provision towards the ones who were held
responsible for 12th military coup, AKP rejected to work on the “timeout” principle in the
jurisdictional system. Eventually, that allows the responsible citizens to exempt from the trials.
Moreover, just like CHP's opposition, MHP also reacted to ban to strike for government officials.
They claimed that during 2002 elections, AKP had promised that to the officials, however, within
new amendments, they deliberately excluded that article. The collective bargaining would result no
different than the previous provision of the collective meetings. Without the right to strike, the
collective bargaining will not bring healthy results, since in a case of conflict, the conciliation
committee which is formed by AKP government will say the final ruling. Furthermore, they have
claimed that the Public Inspector Organization will pose as democratic, however, because the
members of the organization will be appointed by the ruling party, it will be directly chosen by
AKP. Again, it is non-democratic. In other words, it will increase the rate of AKP stuffing in the
196
http://www.euractiv.com.tr/politika-000110/article/mhpden-agir-uyari-anayasa-deigisikligi-ile-demokrasi-krizicikar-008734
Esin Deniz Esmerok
64
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
GNAT.
The difference of the oppositions of CHP and MHP is on the article, which makes the closure of the
political parties harder. CHP dictates that it was a necessary amendment that will increase the scale
of democracy in Turkey. On the other hand, MHP defines it as an attack to nationalism of Turkey,
that the article allows Kurdish separatist organizations to form a party and be in GNAT. As an
addition to that they were concerned about the fact that when citizens who had committed crimes
against state in the GNAT will gain the exempt from jurisdictional trials. MHP claims that it will
increase the rate of separatists, crimes against state and citizen who cooperate with the terror
organization PKK in GNAT. MHP claimed that AKP is using the democracy concept as a shield to
build a majority dictatorship. Even more, they had added that the president of the country is
invisible and works as a government official under AKP. Because of the number of members in
GNAT, AKP uses the majority to control legislation. It is a criticism of benchmark level for GNAT.
As an addition to this, MHP claims that the new provisions on the High Council of Prosecutors and
the Constitution Court will give privilege to AKP to control jurisdiction, along side to its control
over legislative and executive branches . In other words, AKP will be free from political trials if
they have power to appoint their own judges to the highest courts. Also, the new amendments add a
sentence to the constitution 'the provisions of the Constitution Court can be inspected' which is
against the structure of the Turkish Legislative History. Within this perspective, it allows the
citizens who had been banned from the political life to return to politics. Even more, since the
Minister of Justice would be the president of the High Council of Judges and Prosecutors, the
jurisdictional system is suspected to be compromised. Finally, MHP also rejected the amendments,
because of the loosening on the provisions of bans to go abroad. MHP believes, the new provision
on that subject is encourages citizens to commit crimes.197
On the other hand, even though the provision on the jurisdictional system is heavily criticized, the
high level of judges gave an public statement that no matter who decides the appointments to the
High Council of Judges and Prosecutors or the Constitution Court, the judges and prosecutors
should be trusted because they are committed jurists. Instead of criticizing the sided judges and
197
http://www.euractiv.com.tr/politika-000110/article/mhpden-agir-uyari-anayasa-deigisikligi-ile-demokrasi-krizicikar-008734
Esin Deniz Esmerok
65
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
prosecutors, they claim that the flaws in the Turkish Jurisdictional System should be spotted.198
However, in a political arena like Turkey, especially with her past, it is not easy to trust people's
professionalism or goodwill they have for democracy and the solely sovereignty of the rule of law.
Next sub-part will focus on the current situation of Turkey, after the conflictual passing of the new
amendments even though it had been highly rejected by two opposing political parties.
5.3 After the constitutional referendum in Turkey: What are the effects of the
constitutional amendments to the current situation of the concepts; democracy and
judicial system in Turkey regarding the EU membership accession?
After the conflictual passing of the new constitution, the arguments on jurisdictional system and
democracy are heated. Within the scope of this thesis, it is not possible to emphasize on every result
of the constitution; however, I will try to focus on the most problematic ones. This sub-chapter will
be divided into two sub-sections. First I will focus on the jurisdictional system, especially, the
Ergenekon Trial which is also an important concern for the EU accession period. Secondly, since
the new constitution is presented as a more democratic guideline for rights of women and
fundamental rights such as the freedom of speech and empowerment of the non-governmental
organizations such as worker unions; I will focus on the latest situation on those areas.

On Jurisdictional System;
In chapter 3, I have profoundly focused on the amendments and in the previous chapter the
opposition parties' reactions to the changes are presented in order to explain different perspectives
on militaristic courts and the Constitution Court. The main focus in this chapter will be on the
Ergenekon Trial, which is considered as the fight between the AKP and the military.
The Ergenekon Trial has started in 12th June 2007, after the discovery of hidden weapons in İstanbul
and later the investigation had been started with İstanbul Head Prosecutor Zekeriya Öz's orders. The
first trial held in 20th October 2008. “The suspects are accused of membership to a criminal
organization that allegedly plotted to overthrow the country's Islamist-rooted AKP government. The
plans included spreading chaos and mayhem, plotting an armed uprising, and staging a coup. There
198
http://www.usak.org.tr/makale.asp?id=1670
Esin Deniz Esmerok
66
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
are also suggestions that members might have been involved in the attack on the Council of State in
2006, and perhaps in other political murders. The indictment, made public in June 2008, claims
Ergenekon is behind a series of political assassinations over the past two decades. Suspects have
been accused of being members of a so-called "terrorist organization" which was planning other
bombings and assassinations designed to force military action and topple the Islamic-oriented
Justice and Development Party (AKP) government.”199
The nature of the trial is highly criticized, because the trial is emerged right after the trial against the
AKP concerning the closure of the party. The military members claimed that the trial was gathered
due to weaken Turkey's army. Mainly, they claimed that the weapons which were discovered in
various spots could not be buried because when the weapons are buried, their functionality is
damaged. On the other hand, the trial went deeper, and there were some traces of illegal gatherings
around retired military officials in order to plan a coup if there would be one that is necessary. It is
one of the reasons as it explained in chapter 3 for the EU to alert the Turkish government about the
involvement to the Turkish politics. That is against the universal principles of democracy.
The trial based on the assumptions that the Ergenekon is a armed organization which plans a coup
against the government by arming the civil society. The organization was accused of being
responsible for attempt to bomb the newspaper “Republic” and assassination of Mustafa Özbilgin,
the former member of the State Council. Also, attempted assassinations to the Nobel prize winner
Orhan Pamuk, the writer of Yeni Şafak newspaper Fehmi Koru, Diyarbakır Mayor Osman
Baydemir and DTP president Ahmet Türk are accusations towards the organization. Those
accusations are not proven and still in trial.
The reactions towards the trial divided Turkish society. Main reactions evolved around the idea of
showing the Armed Forces of Turkey as terror organization and weakening it. Due to the timing and
the citizens who are in the custody, the trial is recognized as political. Because of the invasion of
citizen's privacy by wiretapping, it created fear within society. Especially, with the new
constitution's article on people's privacy that the wiretapping can be used if it is defined as
necessary. The citizens are scared of using telephones. Moreover, the trials are suspected to be
unfair since the trials are held in jail and only one company is allowed to watch the trials as press,
199
http://www.ataturktoday.com/RefBib/ErgenekonCaseSummary.htm
Esin Deniz Esmerok
67
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
moreover, the defendants are limited to have three lawyers and the citizens who are under arrest and
have pending trials would be stand trial separately. Finally the durations of the trials are criticized
heavily since the defendants Kuddusi Okkır had stood trial for a year and after five days of his
release he passed because of a heart attack.200
After the new constitution got into force, the EU presented their concerns on political criteria on the
length of pre-trial detentions. “The time lapse between arrests and the presentation of indictments to
the court in these investigations fueled concerns about effective judicial guarantees for all
suspects.”201 In other words, if there is a planned coup or armed organization, the trial would
promote the democratic institutions and the rule of law. On the other hand, the pre-trial period
within this case is increasing the concerns since the proceedings are ignoring the judicial process
and the rights of defendants. So far, 270 people including 116 militaristic officials were charged.
Moreover, so far, non of the defendants are sentenced to any punishment. As a consequence of that,
the concerns on the trial had been increased that the trial is weak and it might have traces of the
AKP's hidden agenda.
Also, especially after the passing of the new constitution, on 31st March 2011, the prosecutor of the
trial was expected to give his provisions on important defendants who are former members of the
Armed Forces of Turkey, but instead of that the prosecutor had been promoted and a new prosecutor
was appointed to the case. The final ruling on that part of the trial is postponed. In other words, the
custody period of the defendants, once again extended. That action increased concerns within the
AKP also. The member Bekir Bozbağ gave a statement and claimed that if the prosecutor Zekeriya
Öz did not request his duties to be changed, then this action would increase the delays in the trial.
Even though the prosecutor was promoted, it reflected on the trial process and this is nondemocratic. Furthermore, Bozbağ claimed that he is a jurist and he was deeply irritated with the
action since he believed that this is undermining the power of the rule of law. The new constitution
gave the right of appointing the prosecutors to the GNAT, and the use of that to detect the on going
trials are harming the functioning of the democratic institutions in Turkey.202
The former prosecutor Zekeriya Öz claimed that the Ergenekon trial would not end after his
200
201
202
http://www.ataturktoday.com/RefBib/ErgenekonCaseSummary.htm
Turkey Progress Report 2010: 7
http://www.euractiv.com.tr/politika-000110/article/ergenekon-savcisi-zekeriya-ozun-gorevi-degistirildi-016915
Esin Deniz Esmerok
68
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
contribution to the trial is ended. He had been claimed as an exemplary jurist, who was supported
by every political party in GNAT. Some opposition party members claimed that even though he was
promoted, it was meant to stop his ruling on the Ergenekon Trial, since the trial is not reaching to an
end. On the other hand, the other side of the argument claims that Öz had been a true face of
democratization in Turkey, and as a necessity of democratization, he was supposed to be promoted.
The timing of the promotion is irrelevant with the accusations.203
Overall, after conflictual passing of the new constitution, one of the main concerns was related to
the appointments in the High Council of Judges and Prosecutors. The appointment of Zekeriya Öz
supported the concerns. The new prosecutor had not reached to a provision, but the delay in the
process is not helping the democratization process in Turkey regarding the EU membership. Even
after the constitution, Turkey still needs to define procedures of its legislation with European
standards.

On democracy regarding the fundamental rights, political participation, freedom of
speech, secularism and the claims of the hidden agenda of AKP
One of the very heated arguments one the new constitution was on the article which is about the
“positive discrimination against women”. This article was assumed to improve the role of women in
Turkish society and develop the ideology of “family” within society. Unfortunately, the article was
defined inadequate that the violence against women had raised drastically. To be more persistent,
the latest study in march had shown that 48,5%204 women in Turkey are subject to violence.
Moreover, the murder of “Ayşe Paşalı” in 7th December 2010 took the situation up to a new place
and started new concerns when the murder was investigated. The first attempt of Paşalı to divorce
her husband was in 2006, but the family members tried to smooth the relationship and she decided
to withdraw her requests. In 2009, Paşalı's husband beat her and raped her over a discussion. In
trial, he declared his regret and the court let him go. In 2010, they got divorced. Paşalı started to get
203
204
http://www.postmedya.com/news_detail.php?id=35751
http://www.setimes.com/cocoon/setimes/xhtml/tr/features/setimes/articles/2011/04/11/reportage-01
Esin Deniz Esmerok
69
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
threads from her ex-husband, couple of times the husband kidnapped her. She applied to the court
and the court rejected her protection plea because the marriage was no longer binding. On 7th
December 2010, Paşalı was murdered by her ex-husband.205
This case showed the situation in many other aspects. One of them is the inefficiency of the police
force and the decision-making of the court. If this murder did not take too much place in the media
and arisen questions, Paşalı's murder was not going to be charged as “intentional killing”. The
violence against women was not in the new constitution and the “positive discrimination” did only
concern the work place environment. After Paşalı's murder, many other stories like hers started to
get louder in televisions and newspapers. The non-governmental organization related to violence
against women “Mor Çatı” had found the opportunity to increase the awareness of the citizens.
After that tragic event the Criminal Law had changed, and the crimes of violence against women
became subjects to the Central Criminal Court and the punishments got harsh. Paşalı's ex-husband
stood trial for intentional murder and he sentenced to lifetime prison. However, this is not presumed
as victory since the violence against women is still a big issue in Turkey. With 77 million
population, there are only 66 shelters for women.
Another threat to democracy is pointed out by the EU is related to the Ergenekon Case and the
actions against the freedom of expression. After two journalists Nedim Şener and Ahmet Şık was
taken into custody, the EU Commission gave a written statement. The statement claimed that the
latest actions of Turkey against freedom of speech had raised strong oppositions. Even though the
constitution was a step into right direction, the legal legislation of that area should be re-arranged to
reach the criteria of the EU. Those actions against journalists are non-democratic. Meanwhile, the
prime minister of Turkey gave a speech and clarified that the custody actions was not the AKP's
request but the Constitution Court which have new members appointed by the AKP.206
On 25th March 2011, the Constitution Court decided to ban Ahmet Şık's unpublished book. The ban
205
206
http://www.internethaber.com/ayse-pasali-cinayeti-davasinda-karar-346460h.htm?interstitial=true
http://www.dw-world.de/dw/article/0,,14889169,00.html
Esin Deniz Esmerok
70
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
emerged a lot of democracy related questions. In none of the democratic states, a book which is not
even published could have been banned from public by the Constitutional law. The book was found
by the police force while Ahmet Şık was investigated through the Ergenekon Trial. The violation of
personal privacy and the freedom of speech a new level of lack of democracy in Turkey. The plot of
the book evolves around a religious leader Fethullah Gülen and how he got promoted within his
society. 207
After the passing of the new constitution, the progress report of Turkey dictated that the freedom of
expression is not effected by the constitution. However, the decision of the Constitution Court
against journalist are raising concerns. Moreover, the report indicated that there are still large
number of cases related to this subject is submitted to European Court of Human Rights. They
defined the press and journalists to be on a critical level, especially after the critical claims to the
government which was made by Doğan Press Group was subject to the tax fine. 208As an addition to
that the Swedish parliament claimed that there are 27 articles in the new constitution which causes
the violations against the freedom of expression. Moreover, the arrest of two journalist within the
Ergenekon Case is highly criticized by British and Swedish parliaments. Swedish the Foreign
Affairs Minister Bildt gave a statement and he claimed that the arrest of two journalist increased the
concerns higher which will affect Turkey's position in the accession period.209 Overall, the
prosecutions and convictions of the Turkish journalist, media owners, writers and publishers had
been increased rapidly. The constitutional law does not guarantee the rights of the citizens. The
internet web page bans were also a concern in the report, which has taken a new level within last
couple of months.
On 2nd May 2011, Turkish freedom of press had one of the hardest impacts to its independence. The
new “Media Law” was passed and it defined new restrictions to internet usage in Turkey by the new
Constitution Court. Within the Regulations on Consumer Rights in Electronic Communication
Sector, the law is defined in the chapter the procedures and principles on the use of the internet
safety. The law indicates four different types of filtration; family, children, local and standard
207
208
209
http://www.etha.com.tr/Haber/2011/03/24/guncel/yazar-ve-yayinci-orgutleri-dusunce-ozgurlugune-uyu/
The Progress Report of Turkey 2010: 19-20
http://www.haberfx.net/isvec-parlamentosunda-turkiyede-dusunce-ozgurlugu-tartisildi-haberi-374391/
Esin Deniz Esmerok
71
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
packages. Every internet user must chose one between four. This filtration process is the similar
process which had been used in public usage of internet, that allows users to access only the
authorized web pages that the server had chosen before. If the internet user tries to discard the
filtering, it will be considered as crime. The law will be in force in 22nd August 2011.210
The Technology and Communication Committee has not set the criteria of the filter yet. However,
the Constitution Court dictated that it is solely up to the committee. Once again, the committee will
be appointed by the government in force. Around the globe, this implication is only used by the
countries which the internet defined as “weak”; China, Cuba and Iran. European Security and
Cooperation Organization, world media representative Mijatovic presented a statement on that
subject. He claimed that this implication limits citizen's ability to reach any information that they
need on the internet and also it gives the authorities to establish boundaries within internet. Internet
users supposed to be able to decide what they want to search within internet and democratic states
should not use filters.211
The internet ban had been a subject to the EU concerns for a long time, since many of the web
pages were banned in the internet. However, the internet filtering is taking it to a new level. It is
against to the concepts of democracy and even though it has legal legitimacy in jurisdictional sense,
the normative legitimacy suggests that it is rejecting the universal principles of democracy. Within
the constructivism, the one of the norms and principles which allows the Union to be in the first
place are the freedom of speech and Turkey's latest situation on that causes many criticism about the
membership to the EU. It is important to underline, that the Constitutional Court is the creator of
that law, and the Court is appointed by the ruling government which has the power from the
constitution that is defined as the right step to democratization.
Overall, the new constitution was mostly claimed to threaten the secularism of the country.
However, the real conflict is about the democracy. Even MHP was more interested in discussing the
head scarf problem than AKP. The main issue is not about the secularism, which is not attacked. On
210
211
http://www.hurriyet.com.tr/planet/17808137.asp?gid=381
http://www.hurriyet.com.tr/planet/17808137.asp?gid=381
Esin Deniz Esmerok
72
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
the other hand, the loss of independence in the Constitution Court scares people who are defending
the secular state after the bans on freedom of speech and lack of interest to violations to women.
The main issue in the thesis was defined as the new constitutions' implementations on the
jurisdictional system and all the problems which had been mentioned in analysis is arisen from the
jurisdictional system.
Political fragmentation in Turkey had caused different interpretations of the new constitution.
However, within the examples it is not east to say that democratization is promoted. Which of the
interpretations are right or wrong is subject to normative legitimacy and it does not have one true
answer. On the other hand, it is crucial to underline that in accession period to the EU membership,
Turkey should be open to democratization, promotion of rights and freedoms. Any indications
against it should be dissolved. Otherwise, the commitment of Turkey to the membership should be
in question.
Esin Deniz Esmerok
73
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
6. Conclusion
In conclusion, the findings of this research is limited. In the scope of the thesis, if I emphasize on
the scenarios, it is appropriate to say that there is not traces in the new constitution of the hidden
agenda of the AKP. The hidden agenda is assumed to be the plot to dissolve the secular state of
Turkey. The threats to secular state of Turkey is mainly triggered by the statements of the AKP
members which is out of the scope of the research and the fear of the events in the history.
However, the findings of the research suggests that the new constitution has conflictual articles. The
article on the structure of the jurisdictional system causes the utmost impact of the conflicts. In
other words, the provisions of the Constitution Court, mainly on the freedom of expression
manifests concerns. Those concerns are related to the democracy issue in Turkey. Democratization
movement in Turkey is happening slower than its anticipated time line. Recent events on that area
are diminishes the process regarding Turkey's foreign policy goal which was defined as the EU
membership.
Turkey's reform period to reach the level of the EU members always has been problematic. Other
than the issue of Cyrus, the switch in Turkey's foreign policy and Turkey's internal concerns have
been effective on that area. There had been tough periods of adjusting to the reforms that had been
done in order to earn the membership. The research did not focus on the society's fragmentation of
the country, rather I limited the scope to the political fragmentation. On the other hand, it has the
utmost importance to mention the fragmented society which contains many ethnic backgrounds and
its effects on the reform process. Due to the social fragmentation, the enforcement of the reforms is
Esin Deniz Esmerok
74
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
undergoing though time and it takes more time than other candidate countries. The harmonization of
the society is complex and it is generally blocked by the polarization inside the society. For
instance, the referendum results of the new constitution is an example for the polarization.
Also, the recent situation between Turkey and the EU effects the reforms processes. The public
opinion is changing due to the EU's reactions to the accession period. The rejection feeling which is
driven by the comments of national governments in the EU makes Turkish society to lose faith in
the accession and to the fairness of the EU. However, the public opinion is very subjective and any
positive effect in the relations within Turkey and the EU will also affect the the public opinion.
As an addition to that, Turkey's foreign affairs increased the conflicts regarding whether Turkey is
changing its foreign policy and switching to the East. The free trade agreement between Turkey and
Syria caused that concern over Turkey's priorities about the Union. The Minister of Foreign Affairs
of Turkey, on the other hand, assures that the priority is always on the full membership but Turkey
is also playing in the global arena. It is mainly resulted from the fact that Turkey's economical
situation had been improved so much in ten years and in the current situation, Turkey can actually
make its own decisions.
It is important to mention that the new constitution is not promoting the harmonization in the
society. Especially, in seen the light of the latest provisions of the Constitution Court increases the
polarization in the society. Nevertheless, because of the decrease in the power of the military, the
EU considers the new constitution as a democratic step. Consequently though, the provisions of the
new constitution causes many other conflicts which are also recognized by the EU.
As an addition to this, it is also important to mention the pressures of the global environment on the
EU. The problems related to the economic governance, financial institutions, social cohesion,
climate change, unemployment, aging, energy, political leadership and competition are threats to
every country. The European model of state intimidated by those threats and the worries such as
mass employment, fear of Islam and fundamental terrorism and anxieties about the new waves of
immigration are increased in the society of the EU regarding inner concerns about Turkey's
Esin Deniz Esmerok
75
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
accession other the new constitution, the democracy, the rights and freedoms.
When I go back to the scenarios, I think, the new constitution have a hidden agenda regarding the
democratic understanding. In other words, the implications are not aiming to bring religious
dictatorship, but instead of the universal principles of the democracy, the principles of the
conservative democracy is planned to be more effective in the Turkish politics. The bans on authors,
internet or the increase of the age limit for alcohol promotes the religious superiority in the society.
It simply pressures people's lifestyles and invades the privacy of the citizens. Even more, there is an
article that legitimizes the invasion of the privacy. I believe, the construction of the pillars of the
conservatism and supporters for that view by creating interest groups are more important than the
efforts for the full membership. The interest groups are being created by giving them more rights
within the scope of the new constitution such as the rights that are given to the Union which are not
actually promoting the worker's interests.
The question of “what will happen now” is ambiguous. The new constitution is actually favors the
ruling party. What happens if the upcoming elections actually changes the ruling party is
predictable. Under the CHP ruling, the fear for conservatism and secularism will no longer be an
issue. However, the new constitution would still be non-democratic. It would still favor one side
and discriminate the other one. Even though people tent to confuse what is democratic or what
should we call democracy within our belief of democracy, it is crucial to see that the new
constitution would only bring polarization and more inequality. Moreover, in Turkey's situation with
the terror inside its own borders, the social polarization and the conflict between military and the
ruling party should be dissolved. Turkey has more serious problems that the interest conflicts
between the fragmented politics' parties.
The future of Turkey is not totally dark and hopeless. On 22nd March 2011, the elections will have
give chance for Turkey to elect new politicians. The only hope for Turkey is more transparent and
educated politicians. The principles of the EU should be guidelines for the new politicians for the
future of Turkey. The outer support is not dependable and Turkish society will learn to elect their
own politicians. On the other hand, it is also important to mention, that this year, I believe there will
Esin Deniz Esmerok
76
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
not be more reforms regarding the EU accession. Last four mounts, the AKP was busy promoting
what they have done, the CHP – what they will do and MHP – what they would never do. After the
Belgian presidency, with the failure of non-chapter opening, Turkish government has done nothing
about the EU because of their election strategies. Afterward, for a year, it is still unlikely to wait for
priority to shift back to the EU membership.
7. References
Ankara Agreement
ankara_ENG.rtf
(1968).
retrieved
from
www.avrupa.info.tr/Files/File/EU&TURKEY/e-
Aydoğan, Y. (2003). Muhafazakar Demokrasi. Ankara: Şehir Yayınları
Beneton, F. (1991). Muhafazakarlık. İstanbul: İletişim Yayınları
Berg, T. R. (2009). People Centred Development: Understanding NGOs and Civil Society.
Aalborg University: 22/09/09
Bryman, A. (2004). Social research methods (2nd ed.). New York: Oxford Press
Coetzee, J. et al. (eds.) (2001). Development: Theory, Policy and Practice. Oxford: Oxford
University Press
Constituent
Assembly
of
Turkey
(2010).
retrieved
http://www.yenianayasa.com/yenianayasa/yeni_anayasa_taslaginin_tamami_tumu.php
from
Çarkoğlu, A. & Rubin, B. (2003). Turkey and the European Union. Great Britain: Frank Cass and
Company Limited
Dahl, R. A. (2001). Demokrasi Üstüne. Ankara: Phoenix Yayınevi
Dahl, R. A. (1971). Polyarchy: Participation and Opposition. New Haven, CT: Yale University
Press
Degnbol-Martinussen, J. (1997). Society, State & Market: A Guide to Competing Theories of
Development. Copenhagen: Mellemfolkeligt Samvirke
Fallon Jr, R. H. (2005). Legitimacy and the Constitutition: Harvard Law Review Association, Vol.
118, No. 1787, 1789-1853
Friedmann, J. (1992). Empowerment: The Politics of Alternative Development. Cambridge,
Esin Deniz Esmerok
77
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
Massachusetts: Blackwell Publishers
Griffin, S. M. (1991). Bringing the State into Constitutional Theory: Public Authority and the
Constitution: Law & Social Inquiry, Vol. 16, No. 4, 659-710
http://www.ataturktoday.com/RefBib/ErgenekonCaseSummary.htm – retrieved on 05/05/2011
http://www.chp.org.tr/?page_id=67 – retrieved on 10/04/2011
https://www.cia.gov/library/publications/the-world-factbook/geos/tu.html – retrieved on 15/03/2011
http://www.dw-world.de/dw/article/0,,14889169,00.html – retrieved on 08/05/2011
–
http://ec.europa.eu/enlargement/the-policy/process-of-enlargement/index_en.htm
retrieved on 05/05/2011
http://ec.europa.eu/europeaid/what/human-rights/index_en.htm – retrieved on 05/05/2011
http://www.euractiv.com.tr/politika-000110/article/cemil-cicek-anayasa-paketini-gorucuye-cikardi
009442 – retrieved on 11/05/2011
http://www.euractiv.com.tr/politika-000110/article/ergenekon-savcisi-zekeriya-ozun-gorevidegistirildi-016915 – retrieved on 08/05/2011
http://www.euractiv.com.tr/politika-000110/article/mhpden-agir-uyari-anayasa-deigisikligi-iledemokrasi-krizi-cikar-008734 – retrieved on 08/05/2011
http://europa.eu/lisbon_treaty/glance/index_en.htm – retrieved on 09/05/2011
http://www.etha.com.tr/Haber/2011/03/24/guncel/yazar-ve-yayinci-orgutleri-dusunce-ozgurluguneuyu/ – retrieved on 05/05/2011
http://faculty.cua.edu/fischer/ComparativeLaw2002/collins/History%20of%20Turkey.htm–
retrieved on 17/04/2011
http://genelsecimler2011.com/adalet-ve-kalkinma-partisi-akp-tarihi/6042030 – retrieved on
17/04/2011
http://www.haberfx.net/isvec-parlamentosunda-turkiyede-dusunce-ozgurlugu-tartisildi-haberi374391/ – retrieved on 03/05/2011
http://www.hurriyet.com.tr/planet/17808137.asp?gid=381 – retrieved on 03/05/2011
http://www.internethaber.com/ayse-pasali-cinayeti-davasinda-karar-346460h.htm?interstitial=true –
retrieved on 14/05/2011
http://www.ozgundurus.com/Haber/Soylesi/01082010/Anayasa-Degisikligindeki-PozitifAyrimcilik-Maddesi-Tartisiliyor.php – retrieved on 10/05/2011
http://www.mountararattrek.com/hometr.htm – retrieved on 24/02/2011
Esin Deniz Esmerok
78
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
http://www.postmedya.com/news_detail.php?id=35751 – retrieved on 05/05/2011
http://www.r-demir.com/makalelergsboncekilergoster.aspx?m=156 – retrieved on 05/05/2011
http://www.setimes.com/cocoon/setimes/xhtml/tr/features/setimes/articles/2011/04/11/reportage-01
– retrieved on 05/05/2011
http://thinkexist.com/quotations/constitution/ – retrieved on 13/04/2011
http://www.unizar.es/euroconstitucion/Home.htm – retrieved on 05/05/2011
http://www.usak.org.tr/makale.asp?id=1670 – retrieved on 05/05/2011
Ilgaz, M & Toygür, I. (2009). EU – Turkey Accession Negotiations: State of Play After the
Spanish Presidency. Istanbul: Manuscript submitted for publication
Jorgensen, K.E. & Pollack, M.A. & Rosamond, B. (eds.), Handbook of European Union.
London: SAGE Publications Ltd.
Jung, D. (2006). “Secularism”: A Key to Turkish Politics: Intellectual Discourse, Vol. 14, No. 2,
129-154
Karl, M. (2000). Monitoring and Evaluating Stakeholder Participation in Agriculture and
Rural Development Projects: A Literature Review. Sustainable Development Department,
Food and
Agriculture Organization of the United Nations retrieved from
http://www.fao.org/sd/PPdirect/PPre0074.htm on14-12-2009
Khalifa, K. (2010). Social Constructivism and the Aims of Science: Social Epistemology, Vol. 24,
No. 1, 45-61
Landau, J. M. (1984). Atatürk and The Modernization of Turkey. Colorado: Westwing Press, Inc.
Lavalette, M. & Pratt, A. eds. (2006). Social Policy: Theories, Concepts and Issues.
London:
SAGE Publications Ltd.
Lewis, D. & Kanji, N. (2009). Non-governmental Organizations and Development. New
York: Routledge
Mahoney, J. (2010). Secularism, Equality, and Political Legitimacy: J Value Inquiry, 44 pp 17-30
Doi 10.1007/s10790-010-9201-9
Micossi, S. (2008). Democracy in the European Union: CEPS Thinking Ahead for Europe:
Working Document, Vol. Feb, No. 286, 1-20
Nuray, H. Ankara Agreement and Additional Protocol. IKV Brussels: 25/10/10
Esin Deniz Esmerok
79
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
Nuray, H. Stages of Negotiation Process. IKV Brussels: 26/10/10
Oakley, P. et. Al (1991). Projects with People: The Practice of Participation in Rural
Development.
Geneva: International Labour Office
Ortaylı, İ. (2011). Türkiye'nin Yakın Tarihi. İstanbul: Timaş Yayınları
Özsoy, O. (2000). Türkiye'nin Demokrasi Arayışı: 21. Yüzyılın ve AB'nin Eşiğinde Genel
Siyaset ve Sosyal Tablo. İstanbul: Yedirenk Kitapları
Paler-Calmorin, L. & Calmorin, M. (2007). Research Methods and Thesis Writing. Quezon City:
Rex Printing Company, Inc.
Pollack, M. A. (2005). Theorizing the European Union: International Organization, Domestic
Polity, or Experiment in New Governance?: Annual Review of Political Science, 8 pp 357-398 doi:
10.1146/annurev.polisci.8.082103.104858
Rivera Jr, M. & Rivera, R. (2007). Practical Guide to Thesis & Dissertation Writing.
Philippines: Katha Publishing Inc.
Sadan, E. (1997) Empowerment and Community Practise. Jerusalem: Hebrew University
Sharkey (2005) - retrieved from
https://scholarsbank.uoregon.edu/xmlui/bitstream/handle/1794/1246/ThesisFinal.pdf?sequ
ence=1
on 13/02/11
Sim, S. ed. (2001). The Routledge Companion to Postmodernism. London: Routledge
Steinberger, P. (1985). Ideology & Urban Crises. New York: State University of New York
Press
Stryber, R. (2001). Legitimacy. In Smelser, N. J. & Baltes, P. B. (eds.) International Encyclopedia
of the Social & Behavioral Sciences Vol. 26 Amsterdam: Elsevier
Tatari, E. (2004). Populism and Secularism in Turkey: The Headscarf Ban Policy: The American
Journal for Islamic Sciences, Vol. 23, No. 2, 20-36
The Statute of AKP (2002). retrieved from web.akparti.org.tr/media/teskilat/Tüzük.pdf
Thomas, C. (2005). Poverty, Development and Hunger. In Baylis, J. & S. Smith (eds.) The
Globalization of World Politics: An Introduction to International Relations. Oxford: Oxford
University Press
Turkey
2010
Progress
Report
(2010).
retrieved
http://www.ikv.org.tr/icerik.asp?konu=temelbelgeler&baslik=TEMEL%20BELGELER
from
Türk, H. B. (2003). İdeoloji in Türköne, M. (ed.) Siyaset. İstanbul: Lotus
Esin Deniz Esmerok
80
Development and International Relations
10th Semester The Master Thesis
Lunde
Supervisor
Per
Weiher, G. (1991). The Fragmented Metropolis: Political Fragmentation and Metropolitan
Segregation. Albany: The State University of New York Press
Wimmel, A. (2009). Theorizing the Democratic Legitimacy of European Governance: a Labyrinth
with No Exit?: European Integration, Vol. 31, No. 2, 181-199
Yin, R. K. (1994). Case study research: design and methods. Thousand Oaks: SAGE
Publications, Inc.
Young, R. (1981). Untying the Text: A Post Structuralist Reader. Boston: Routledge
Zürcher, E. J. (2003). Muhafazakarlık, Modern Türkiye'de Siyasi Düşünce. İstanbul: İletişim
Yayınları
Esin Deniz Esmerok
81