First referendum signal from the Palace

Mehmet Uçum, chief advisor to President and AKP Chairman Recep Tayyip Erdoğan, added a new article to his "Sunday Articles" series that he publishes every Sunday.

In his article titled "Efforts to Distort the New Constitution Agenda", Uçum said that a referendum should be held for the new constitution.

In his article, Uçum stated the following regarding the new constitution and the new process that the government calls a Terror-Free Turkey: “The geographical integrity and political unity of Türkiye, in other words the unitary structure, are indispensable principles. It is also never possible for the unitary structure to be opened to discussion for political bargaining.”

Uçum's full article is as follows:

"IT IS A NON-BARGAINING STATE POLICY" "Today, we will touch upon the attempts to undermine the goal of a new constitution; the groundless claims put forward regarding the new constitution in connection with the transition to a Terror-Free Turkey and the absurd view that the Turkish Grand National Assembly cannot make a new constitution.

1-) The biggest distortion is the lie that “the new constitution is a bargaining chip for the goal of a Terror-Free Turkey and is wanted for the transition to a federal government.” The insistence on this black propaganda is an intellectual provocation aimed at the goal of a Terror-Free Türkiye.

As is known, the goal of a Terror-Free Türkiye is a state policy that has been put into effect without any reservations, conditions or negotiations. And it can be seen that this is how it is being implemented.

With the Imrali call and the termination decision, the addressees of this goal did what was desired. The next dimension is the practical realization of the results of the termination decision. It seems that practical processes are also being put into practice.

It is becoming clearer with each passing day that we have entered a point of no return in our goal of a terror-free Türkiye.

In this entire process, the issue of a new constitution was never mentioned in a 'bargaining connection' with the goal of a Terror-Free Türkiye. In fact, there is no such bargaining in visible or factual reality. Therefore, there is nothing but unfounded allegations.

Of course, ending terrorism, which has targeted the brotherhood and unity of Turks and Kurds for forty years, in every sense and in every medium, will relieve the burden on democratic politics. Putting an end to the actions, language, tutelage and organization of terrorism everywhere and under all conditions will make democratic politics in Türkiye much stronger.

The most important thing is that the actors who are freed from the tutelage of terror have the opportunity to engage in independent democratic politics. It is extremely important to appreciate this opportunity and evaluate it correctly.

In addition, under conditions where terrorism has ended, the conditions for implementing a new constitution will become more mature.

"UNITARIAN STRUCTURE IS AN INDISPENSABLE PRINCIPLE" However, linking all of this to the claim of bargaining to abandon the unitary structure in the new constitution is a complete lie. The aim is to undermine the goal of a Terror-Free Turkey that will take Turkey to a new stage.

However, as has been resolutely emphasized many times, the foundation of the new constitution is the principles of the Republic and the first four articles, as well as democratic accumulation. The geographical integrity and political unity of Türkiye, in other words the unitary structure, is an indispensable principle. It is also never possible to open the unitary structure to discussion for political bargaining.

2-) The claim that “TBMM cannot make a new constitution” is a doctrinal reactionism.

"IT IS MANDATORY THAT THE NEW CONSTITUTION SHOULD BE SUBMITTED TO THE APPROVAL OF THE PEOPLE" It is not possible to agree with this view, which is put forward according to the distinction between the primary constituent power and the secondary constituent (established) power. This view has no normative validity, it is a positive (pertaining to what is) determination, usually based on destructive examples such as coups and wars, and it is completely outdated. The ordinary period constituent power approach was developed due to the inadequacy of this view and its legitimacy problems.

Today, under normal conditions, the distinction that is valid is the people, which is the primary founding will, and the parliament, which is the representative founding will. Accordingly, the Turkish Grand National Assembly is tasked and authorized by the people, which is the primary founding will.

The will of the Turkish Grand National Assembly is not only the will of a government established by the current constitution. The will of the Turkish Grand National Assembly is not only the will of a norm arising from the constitutional norm.

The will of the Turkish Grand National Assembly is also a supra-normative representational will originating from the social and political representation of the people, the primary founder that existed before and will exist after the current constitution.

The authority to make a new constitution arises from the duty given to the Turkish Grand National Assembly, the representative founding will of the people, as the primary founding will, and cannot be disputed.

We should also state that since the right to make a new constitution belongs to the people, it is mandatory for the Turkish Grand National Assembly, in accordance with the duty given by the people, to present the new constitution it will make to the people for approval, regardless of the number of votes it accepts, in terms of the legitimacy of the new constitution.

"A NEW CONSTITUTION WITHOUT A REFERENDUM HAS NO LEGAL VALUE"

"Putting a new constitution into effect without the noble people's approval would mean usurping the people's right to make a constitution. Therefore, scenarios of making a new constitution without a referendum have no democratic or legal value."

Source: News Center