Headscarf Issue at Constitutional Court
The Turkish newspaper Sabah reports that “the constitutional law amendment lifting the ban on headscarves has once again been brought to the agenda of the constitutional court. CHP and DSP deputies, as well as independent deputy Kamer Genç requested that the constitutional law amendments be annulled.”
The party founded by Mustafa Kemal Atatürk, the CHP, has collected 112 signatures from deputies “requesting the halting of the execution of the constitutional amendment.”
The petition they signed states that “the allowing of freedom to wear clothes for religious purposes, in public management and social life may cause discrimination in society. Lifting the ban on headscarves, worn based on religious beliefs, in the resolution of the constitutional court would be a violation of the principle of secularism in the constitutional law.”
Although some commenters here have argued that Democracy should run its course and that, therefore, the amendment should be accepted, it seems to me that trying to stop the amendment from being executed via the Supreme Court is not in breach with the principles of liberal democracy.
The court functions as a check on Parliament and, especially, the government (PM, president and ministers). In this case, the Parliament is in hands of the AK Parti, same goes - of course - for the Prime Minister and his cabinet and the President of the country (who serves as a check on what the administration wants to do) is an AK Parti member (Abdullah Gül). In such a case, it can’t be expected that either one of those branches stops a controversial amendment.
And, in such a case, it’s left up to the courts to intervene (if it deems the actions of the government to be in breach with the constitution / founding principles of the country).
If that’s deemed undemocratic by some, I wonder why they believe that the US Supreme Court should have the same rights as Turkey’s Supreme Court, namely to call out the government when it acts in breach with the US Constitution.
As it is, one hopes that the Supreme Court will, indeed, overrule the government, also because the amendment does indeed seem to be in breach with other articles. Or, at least, from a legal perspective it’s not a clear cut case. If you want to change things, at least do so clearly. No?
Well, at least it will provide a definitive settlement of the legal/Constitutional question. But I wonder, suppose the Constitutional Law Court rules that the proposed amendment is OK? Will those who object accept that as definitive? Just wondering.
If the amendment itself is OKed, the headscarf can still be banned from universities. Students then wouldn’t be excluded for their clothes, but because the state’s laicist character requires that exclusion.
I am not a jurist, I do not know about the legal details. But the majority of the Turkish Supreme Court is in favor of the headscarf ban and they will find a way to maintain it.
Oh by the way, I think it was really stupid from Army Leader Büyükanit to go into Iraq now. The AK Parti accepted that war so that the army and the media’s attention would be kept away from the headscarf question.
Of course not. then there are other things one can do, no? And same goes for the AKP. If the court opposes the amendment, they’ll try to get their way via other means as well. That’s how it goes.