Erdogan: Turkey needs a new constitution that folds the legacy of coups
Turkish President Recep Tayyip Erdogan stressed that his country still needs a "civil, democratic and comprehensive" constitution that turns the page on constitutions born from the womb of military coups.
During his speech at the ceremony marking the 158th anniversary of the establishment of the Turkish Council of State in Ankara, Erdogan said that the preparation of a new constitution has become a "historic duty" for Turkish political life, stressing that his government has ended "all forms of privileges and discrimination" and removed the "barbed wires" imposed between the people and the republic, referring to what was described as a profound shift in the state's relationship with the citizen.
Reviving the human being for the long life of the country
Erdogan said that the concept of the rule of law is based on the commitment of all state institutions to its provisions, and that the administrative judiciary constitutes a "safe haven" for citizens in the face of the decisions of the public administration.
He pointed out that the Council of State, which was established in 1868 as the "State Shura", has played a pivotal role in consolidating the principles of justice and equality since the Ottoman era, citing the founding document read in the name of Sultan Abdulaziz, which stressed the guarantee of legal protection for all segments of society without discrimination.
The Turkish president explained that rights and freedoms are the framework that preserves individual security, and that meeting the security needs of individuals is a condition for achieving collective security, recalling the saying of Sheikh Adibali: "Revive man so that the state may live."
He considered that the relationship between the state and the citizen is "unequal in nature", which makes the administrative judiciary the most important balancing role, unlike the ordinary judiciary, because the state is a direct party to administrative disputes.
Judicial and presidential reforms
Erdogan defended the presidential system, saying it strengthened the presence of the popular will in the administration of the state, in addition to what he described as a package of legal and administrative reforms that raised the level of transparency and accountability.
He noted that his government has increased the number of administrative courts from 126 to 245 and expanded the scope of tax courts and administrative courts in the states, stressing that the adoption of the appellate system 10 years ago has eased the burden on the State Council and enhanced the efficiency of the judiciary.
He stressed that the will for reform is still "alive and strong", pledging to continue steps aimed at raising the efficiency of the public administration and accelerating the work of the administrative judiciary.
At the same time, he stressed the rejection of any illegal interference in the work of the judiciary, but clarified that the judiciary does not have the right to exercise "guardianship" over the legislative and executive branches, and that its role is limited to monitoring the extent to which decisions are in accordance with the law, not to assess their political or administrative suitability.
What is the Turkish Council of State?
The Turkish Council of State (Danıştay) is the highest advisory judicial authority and the Supreme Administrative Court in Turkey, and its position and function are similar to that of the Council of State in France and Egypt, as it represents the last judicial reference for reviewing judgments and decisions issued by the lower administrative courts, and plays a pivotal role in controlling the relationship between the administration and the citizen within the framework of the rule of law.
The Council exercises a dual role that combines the judiciary and legal fatwa, and its members are selected through a dual mechanism that ensures a balance of powers: the President of the Republic appoints 25% of its members from among senior judges and administrative staff, while 75% are elected by the Council of Judges and the Prosecutor from among qualified judges and prosecutors.
Among the most prominent decisions of the Council throughout its history are the cancellation of restrictions on the entry of veiled women lawyers to the courts in 2013, a ruling that ended decades of controversy over the hijab in judicial institutions, in addition to its issuance in July 2020 to revoke the 1934 decree that turned Hagia Sophia into a museum, paving the way for its reopening as a mosque, a decision that reshaped the country's cultural and political scene.