20.07.2025 15:30
Mehmet Uçum, the Chief Advisor to the President and Deputy Chairman of the Presidential Legal Policy Council, made an assessment regarding the new constitution studies. Uçum stated, "Even if the new constitution is accepted in the Grand National Assembly of Turkey with 400 votes or more, a referendum is mandatory. The Assembly must take into account the necessity of obtaining approval from the people, who are the original constituent will, when drafting the new constitution."
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Chief Advisor to the President and Deputy Chairman of the Presidential Legal Policies Board Mehmet Uçum wrote an article regarding the new constitution studies.
Uçum reacted to the claim that the new constitution studies are "wanted for Erdoğan's candidacy" by stating that "if a decision for early elections is made, Erdoğan could run for candidacy again." Uçum responded today on his social media account to another statement regarding the new constitution studies.
RESPONSE TO THE CLAIM 'THE PUBLIC'S AGENDA IS NOT THE NEW CONSTITUTION'
Criticizing the view expressed by opposition parties that "the public's agenda is not the new constitution," Uçum argued that this is a "superficial observation."
REFERENDUM IS A NECESSITY FOR THE NEW CONSTITUTION
Uçum, who advocates that a referendum is a necessity for the new constitution, explained this view as follows: "The first reason is the necessity to complete democratic legitimacy with the approval of the people, who are the original founding will. The second reason is the requirement of the people's right to monitor whether a legal text suitable for the public's political constitution conception is accepted in the Parliament."
Chief Advisor to the President Uçum stated the following regarding the new constitution:
"In this series, we will finally focus on the claim that 'the public has no constitutional agenda.' This claim not only distorts the truth but also indicates a lack of intellectual depth. The Constitutional Nature of the People's Demands! In the routine functioning of democracies, the public does not express its expectations regarding the constitution in legal terms. To identify the constitutional demands of the people, one must look at the legal counterparts of all political, economic, cultural, and justice-related conceptions aimed at change or development.
If the laws or secondary legislation fall short in meeting the public's expectations for a better system, the need for constitutional norms arises. This should be understood as the public's demand for a constitution. In other words, the duty of democratic politics is to translate the public's concrete desire for a fairer and better functioning order—regarding demands that cannot be met by sub-constitutional norms—into a need for constitutional change. This is the essence of the matter.
THE RELATIONSHIP BETWEEN THE PUBLIC'S SPECIFIC DEMANDS AND THE CONSTITUTION
The public's expectations regarding the resolution of general and current issues may arise as constitutional demands due to the need for developed rules and improved institutions.
For example, the public's expectation for the implementation of price ceilings in the fight against inflation should be accepted as a constitutional demand when necessary. The public's desires regarding the right to live reasonably and humanely can be materialized in the constitution as such a right.
Again, the public's wish that no one should be in financial distress can transform into guarantees such as minimum living support or minimum income rights in the constitution. The public's desires for the electoral will to be more effective in the parliamentary election processes could lead to a constitutional rule and institution that includes the 'right of recall.'
The public's desire to be more active in legislative processes can be accepted as a request for a right and authority regarding the proposal of laws that should be included in the constitution. Numerous examples can be given for every area like these. As seen, the view that 'there is no demand for a new constitution on the public's agenda' is a superficial observation that ignores the revolutionary dynamics and future perspective of the public's demands and has no factual basis.
POLITICAL CONSTITUTION AND LEGAL CONSTITUTION
Therefore, the new constitution is actually a fundamental need created by the public's continuous and general conception of a better system.
For this reason, a distinction is made between political constitution and legal constitution. The political constitution is the constitution that reflects the public's conception of the system and order, along with their demands and needs for improvement.
The elements of the political constitution can be seen more clearly in the programs of those who engage in 'demand politics' among the political parties, which are the democratic and legitimate representatives of the public.
If the legal translation of the political constitution put forth by the public is accepted as a comprehensive law in the Parliament, composed of the representatives of the people, and comes into force with the approval of the public, then a new constitution legally comes into existence.
THE RELATIONSHIP BETWEEN THE PUBLIC'S NEW CONSTITUTION AGENDA AND REFERENDUM
In a democratic order, as long as the public continues to desire better regarding the system—which has been the case so far—the new constitution will always be the ordinary and dynamic agenda of the public. Therefore, the Parliament, which is the representative founding will, should create the new constitution by considering the public's permanent constitutional agenda and the necessity of obtaining approval from the original founding will, which is the public.
Because the public can only demonstrate the harmony between the constitution it envisions and the new constitution accepted by the Parliament through the approval it gives.
Even if the new constitution is accepted in the Grand National Assembly of Turkey (TBMM) with 400 votes or more, there are two main reasons for the necessity of a referendum:
The first reason is the necessity to complete democratic legitimacy with the approval of the people, who are the original founding will.
The second reason is the requirement of the people's right to monitor whether a legal text suitable for the public's political constitution conception is accepted in the Parliament.
Final word: There can be no new constitution without a referendum."
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