Political Law at Turkey
Political law in Turkey is governed by its Constitution, which was adopted in 1982 and has been amended several times since its enactment. The country is a presidential republic, and its political system has evolved significantly over the years, particularly with the constitutional referendum in 2017, which shifted Turkey from a parliamentary system to a presidential system. The changes have expanded the president’s powers and reduced the influence of the legislature and judiciary.
Overview of Turkey's Political System
Constitutional Framework
The Constitution of 1982: Turkey’s Constitution outlines the legal foundation of its governance, providing for a republic with a system that was initially parliamentary but changed to presidential after the 2017 referendum. The Constitution enshrines fundamental rights and freedoms but has been criticized by opposition groups for enabling significant executive power.
Amendments and Changes: Turkey’s Constitution has undergone significant amendments, especially following military coups in 1980 and 1997, as well as the 2017 constitutional referendum, which fundamentally altered the political system.
Supremacy of the Constitution: The Constitution establishes that it is the highest legal authority in Turkey, and all laws and regulations must comply with it. However, there have been concerns that the changes, particularly those made in 2017, have undermined Turkey’s democratic principles by concentrating power in the executive branch.
The Executive
The President: Since the 2017 referendum, Turkey operates under a presidential system where the president holds vast executive authority. The president serves as both the head of state and government, and is elected by direct popular vote for a five-year term, with the possibility of re-election for a maximum of two terms.
Powers of the President: The president has significant control over all aspects of government, including:
The power to issue decrees with the force of law, particularly in areas such as public administration.
The authority to appoint ministers and other key government officials without the need for parliamentary approval.
Control over the armed forces and national defense policy.
The ability to dissolve the Grand National Assembly (parliament) and call for new elections.
The power to grant pardons and manage foreign policy.
Current President: Recep Tayyip Erdoğan, the current president, has been in power since 2003, first as prime minister and later as president after the 2014 election. Erdoğan’s rule has seen the gradual centralization of power in the presidency.
The Role of the Prime Minister: Under the previous parliamentary system, the prime minister was the head of government. However, the 2017 constitutional changes abolished the office of the prime minister, and the president now holds both executive roles.
The Legislature
The Grand National Assembly of Turkey: The legislature is unicameral and consists of 600 members, known as deputies, who are elected every five years through a proportional representation system. The assembly has the responsibility of making laws, approving the budget, and overseeing the government.
Election System: Deputies are elected based on proportional representation from 81 electoral districts. A party must receive at least 10% of the national vote to secure seats in the legislature, a threshold that has been criticized for limiting political diversity and giving a significant advantage to larger parties.
Legislative Powers: While the legislature theoretically holds power to make laws and hold the executive accountable, the presidential system has diminished the effectiveness of the legislature. The president now has greater control over lawmaking and policy, and legislative oversight of the executive is weaker than before.
Opposition Influence: The ruling Justice and Development Party (AKP), led by Erdoğan, dominates the legislature, but opposition parties continue to contest the government’s policies, albeit under a highly controlled political environment. Opposition parties, including the Republican People's Party (CHP), the Peoples' Democratic Party (HDP), and the Nationalist Movement Party (MHP), have voiced concerns about the erosion of democratic principles and the lack of effective legislative checks on the president.
The Judiciary
Judicial Independence: The judiciary in Turkey is theoretically independent, but in practice, its independence has been questioned, especially under the current government. Critics have pointed to the influence of the executive branch in judicial appointments and the perceived erosion of impartiality in the courts.
Constitutional Court: The Constitutional Court is the highest judicial body in Turkey, responsible for ruling on the constitutionality of laws, decrees, and regulations. However, it has faced criticisms that its members are appointed by the president, which undermines its independence.
The Council of Judges and Prosecutors: This body plays a key role in appointing and disciplining judges and prosecutors. In recent years, there have been concerns that the government has gained increasing control over this council, thus influencing judicial outcomes.
Rule of Law Concerns: Turkey has faced significant criticism from human rights organizations and international observers over the erosion of the rule of law, particularly following the 2016 coup attempt, which led to mass purges of judicial, military, and civil servants. Many opposition figures, journalists, and human rights activists have been imprisoned, and trials are often perceived as politically motivated.
Political Parties and Participation
Multiparty System: Turkey has a multiparty system, with several political parties representing a range of ideologies, from conservative Islamism to secularism, nationalism, and left-wing politics.
Justice and Development Party (AKP): The AKP, led by Recep Tayyip Erdoğan, has been the dominant political force in Turkey since the early 2000s. The party has implemented significant social, economic, and political changes, including reforms that have modernized the country’s infrastructure, but also centralizing power under the president.
Republican People’s Party (CHP): The CHP is the main opposition party and is rooted in secularism, Kemalism, and social democracy. It has been a vocal critic of Erdoğan’s policies, particularly regarding the shift to a presidential system and the erosion of democratic freedoms.
Peoples’ Democratic Party (HDP): The HDP is a left-wing party that focuses on human rights, minority rights, and issues affecting the Kurdish population. The party has been heavily targeted by the government, with many of its leaders arrested or jailed under terrorism charges.
Nationalist Movement Party (MHP): The MHP is a far-right party that has supported Erdoğan’s government, particularly on issues related to nationalism, security, and Turkish identity.
Electoral System: Turkey uses a proportional representation system for electing deputies to the Grand National Assembly. However, the 10% electoral threshold has been a point of contention, as it often results in smaller parties being excluded from parliament if they do not garner significant national support.
Elections
Presidential Elections: Under the presidential system, the president is elected for a five-year term through direct popular vote. The 2018 presidential election marked the first election under the new system, with Recep Tayyip Erdoğan securing re-election in a closely contested race.
Parliamentary Elections: Parliamentary elections are held every five years, with 600 deputies elected from across the country. The proportional representation system is used to allocate seats, but the 10% threshold often leaves smaller political parties with little to no representation in the legislature.
Electoral Integrity: The fairness of elections in Turkey has been questioned, particularly since the 2017 referendum. There have been accusations of vote-rigging, media manipulation, and intimidation of opposition parties. Turkey has also faced criticism from international observers about the lack of a level playing field for opposition parties and candidates.
Human Rights and Freedoms
Freedom of Expression: Turkey has been heavily criticized for curtailing freedom of speech and press freedom. Journalists critical of the government have faced imprisonment, and media outlets have been shut down or bought out by pro-government owners.
Freedom of Assembly: Protests and demonstrations are often met with harsh responses from security forces, particularly if they challenge government policies. The government has also passed laws restricting public protests and assemblies.
Political Dissent and Opposition: The government has targeted opposition parties, human rights organizations, and activists. Following the 2016 coup attempt, mass arrests were carried out, and thousands of people were dismissed from government positions. Critics argue that the crackdown on dissent has been used to weaken opposition movements and consolidate power under the president.
Foreign Relations
European Union: Turkey’s relations with the European Union (EU) have been strained, especially regarding issues of human rights, democracy, and the rule of law. Turkey’s EU accession process has been stalled due to concerns over these issues, as well as the country’s policies in Cyprus and the treatment of refugees.
Middle East: Turkey has played a significant role in Middle Eastern politics, especially in relation to the Syrian conflict, where it has supported opposition groups and sought to influence the outcomes of the civil war. It also maintains a complex relationship with neighboring countries, including Russia, Iran, and Iraq.
United States: Turkey’s relationship with the United States has been characterized by both cooperation and tension, particularly in relation to military matters, counterterrorism, and Syria.
Conclusion
Turkey’s political system has undergone significant changes in recent years, with a shift from a parliamentary to a presidential system in 2017, greatly expanding the powers of the president. While Turkey maintains a multiparty democracy, the political landscape is dominated by the AKP and its leader, Recep Tayyip Erdoğan, who has been accused of undermining democratic norms, curbing press freedoms, and suppressing political opposition. Human rights and judicial independence have been significant concerns, and the country’s international relations, especially with the EU and the United States, are shaped by these internal political issues.
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