The state of emergency and the charter

The excessiveness of arrangements and discharges conducted with state of emergency decrees is drawing more criticism. The government was granted this opportunity by Constitutional Court decision number 2016/159. 

The Constitutional Court rejected a demand for the decrees' annulment filed by the main opposition Republican People's Party (CHP) for such decrees on the grounds that the court had no jurisdiction over them.

 Thus, there was no means of constitutional control over the decrees. We are suffering the consequences of this situation.   

Most recently, the government even made a change in the election law with a state of emergency statutory decree - naturally with the referendum in mind. 

What does this have to do with terrorism and the July 2016 coup attempt? 

The Constitutional Court bases its verdict on the 148th Article of the Constitution: "No action shall be brought before the Constitutional Court alleging unconstitutionality as to the form or substance of decrees having force of law issued during a state of emergency, martial law or in time of war." 

Yes, there is such an article, but the state of emergency arrangements should be considered together with the constitution. For instance, these decrees should be about the matters that prompted the state of emergency. 

Is eliminating university rector elections a matter concerning the state of emergency? 

The Constitutional Court decision is for the sake of being able to take urgent measures and decisions, when conditions force this. These are correct constitutional decisions, but what will happen if the executive body, in order to escape parliamentary or judicial oversight, includes non-urgent matters in decrees as well? 

For...

Continue reading on: