SYMPOSIUM: 2017: A YEAR OF POPULAR DECISIONS THE 2017 TURKISH CONSTITUTIONAL REFERENDUM: DOMESTIC AND TRANSNATIONAL IMPLICATIONS Ayca Arkilic Victoria University of Wellington
[email protected] Introduction On 16 April 2017, Turks cast their vote in a nationwide referendum that introduced significant changes to the current constitution, which has been in use since 1982. Even though the 1982 constitution has been amended 18 times in the past 35 years, the scheduled changes will have the most dramatic impact on the Turkish political system. This article will first provide an overview of the proposed amendments to the 1982 constitution. It will then discuss the repercussions of the referendum results for Turkey and the rest of Europe. The Proposed Constitutional Changes Since its birth from the ashes of the Ottoman Empire, the modern Turkish state has had four constitutions: The Constitution of 1921, The Constitution of 1924, The Constitution of 1961, and The Constitution of 1982.1 Drafted by a military junta in the aftermath of the 1980 coup, the 1982 constitution forms the basis of Turkey’s current legal framework. The 1982 constitution has already been amended 18 times, 3 times by popular vote and 15 times through legislative action. In fact, 117 of the 177 articles are no longer in their original form.2 If constitutional amendment is not a novel 1 For more information on these constitutions, please see: https://global.tbmm.gov.tr/index.php/en/yd/icerik/12 2 Sinan Ekim and Kemal Kirişçi, “The Turkish constitutional referendum, explained,” Brookings Institute, April 13, 2017. Available at: https://www.brookings.edu/blog/order-from-chaos/2017/04/13/the-turkish- constitutional-referendum-explained/ 56 phenomenon for Turkey, why has the April 2017 referendum sparked controversy? The 2017 package advised 18 groundbreaking changes, including the replacement of the current parliamentary system, under which Turkey’s president plays only a symbolic role, with a presidential system.