Comparative Analysis of Turkey’s Crisis
[JW: A very interesting detailed discussion by Andrew Arato of Turkey’s Constitution, parliament and court system as these play a role in the recent crisis (with a case before the Constitutional Court that may bring down the elected government). Arato makes comparisons with India, Germany and Central Europe. His main point is that all sides share the blame for the crisis — the ruling AK Party for its heedless majoritarianism and the court for its obstructionism, but that the reform process cannot be stopped.]
An excerpt:
We should be deeply worried about Turkey’s unfolding constitutional crisis, that could end in many things: the continuation and even conclusion of the long democratic transition; military coup with entirely uncertain consequences; or, in between them an unproductive stalemate….
The makers of [Turkey’s] Constitution of 1982 established a dual, semi authoritarian or semi democratic state, with important reserves of power outside the constitution. Starting with the elections of 1983, and then constitutional changes already in 1987 Turgut Özal managed to expand the democratic dimension, leading to a great reform process from 1995 to 2004, that in several rounds that involved the consensual participation of all parliamentary political parties, managed to significantly but by no means completely constitutionalize political powers in the system. Today people stress several military and indeed judicial interventions in this period, that we can see only managed to slow down the rate of change, exclude parties that would reappear in new forms and under new names, but nevertheless confirming the existence of important political centers that could continue to act outside all democratic accountability and constitutional restraints. From 2000-2001 especially, the Turkish parties and governments were under increasing European pressure to eliminate these authoritarian residues…
…there is every reason to think that if the party is not closed, the road of the democratic transformation could be re-opened if, as is very likely, a chastened AKP decided to follow other than majoritarian methods…. The Constitutional Court will remain an important actor in any consensual process, and it makes no sense to vilify it whatever anyone may think or imagine about some of the members and their allegiances. Today that body is in the position to make the greatest contribution to the kind of legal and legitimate process of constitution making I have mind by dismissing the charges against the AKP and its leaders.

The Anatolia news agency reported that said Ankara Chamber of Commerce (ATO) Chairman Sinan Aygün and the former head of the gendarmerie forces, retired Gen. Sener Eruygur, were among those detained. Retired Gen. Hursit Tolon and journalist Mustafa Balbay, the Ankara representative of the staunchly secular Cumhuriyet daily, are also said to be in custody.

