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Shadows Loom over the 'Separation of Powers'...
In a time where expressing optimism feels like tempting fate, we fear that by uttering "it can't get any worse," we might indeed witness the worst. While we acknowledge the absence of global justice, the current state of inequality, brutality, and ruthlessness worldwide deeply troubles us. Simultaneously, there is a surge in fascist and populist discourses. Each of us, at some point, may relate to Munch's renowned painting "The Scream" when contemplating the decayed structure of the international system.
The humanitarian crisis in Gaza, a hotbed of profound and bloody conflicts, unfolds in heart-wrenching dimensions. International diplomacy struggles to provide solutions. The Mediterranean and the Black Sea evolved into battlegrounds, with evident turmoil in Syria and Iraq. As our Republic, founded by the esteemed leader Atatürk, enters its second century, a ring of fire encircles our nation. Unfortunately, Turkey finds itself in a state of unpredictability amid the global landscape of uncertainty. The rise of polarizing politics, reactionary discourses, and economic crises compounds the challenges.
Time will tell
As Cumhuriyet newspaper, we have long drawn attention to the government's pursuit of a new constitution and the ongoing debates. With the impending local elections, the People's Alliance has intensified efforts on this front. Recent judicial maneuvers are crucial in understanding the critical juncture we find ourselves in. All political and social factions should earnestly contemplate the risk of a conflict between the Supreme Court of Appeals and the Constitutional Court, an incongruity that should not exist, and the peril of government support for this struggle concerning the separation of powers. An independent judiciary is used as a pawn in political games regardless of the front and carries no positive outcomes. The ruling party's zeal for triumph may transform into regret over time when they become the target of this grotesque act. Can a partisan legal mechanism aimed at weakening the judiciary instead of resolving its issues align with democratic principles?
In Turkey, some who, like us, highlighted Israelis' mass protests against Netanyahu before the Gaza attacks, also supported the government. While expressing opposition to Netanyahu's Palestinian policies, they also decried his anti-democratic actions. Let's recall why Netanyahu's government faced months-long protests... The far-right coalition under Netanyahu pursued a contentious "judicial reform," aiming to limit the powers of the "supreme court" and grant the government influence in judicial appointments. How can one reconcile the disapproval of Netanyahu's judiciary interference with a different stance in Turkey amidst a crisis on this matter? Governments worldwide, including those in the West, from the US to EU member Hungary, have attempted to increase their influence in the judiciary. Yet, in many countries like the United States, the final judgments of the Supreme Court were universally respected despite controversies over verdicts.
Independent judiciary
The role of CHP, led by Özel, becomes pivotal in calming waters during this new period, convincing an electorate whose hopes have dwindled. Historical evaluation awaits those who contribute to a united and resilient struggle against threats to the Republic's foundations of secularism, democracy, and the rule of law. This assessment should extend beyond negotiations for potential cooperation in local elections to consider the future of an independent and sovereign Turkey adhering to Atatürk's principles as it enters a new century.
The government's escalation of the judicial debate is driven by the pursuit of constitutional amendments. Critiques of the constitution are not novel. However, within the framework of the presidential system, justifying a new constitution on legitimate grounds remains questionable, given the approach of a government with a one-man rule mentality that flouts the existing constitution. The stance of CHP and the conservative front, which once convened at the 6-party table, toward the new constitution initiative assumes critical importance in this context.
As Turkey, we will undergo the democracy test collectively with judges upholding the principle of an independent judiciary. These judges, who refrain from closing the front of their robes and resist external pressures, guide us because, as we may occasionally forget, the law is always indispensable for us all.