Prof. Dr. Baskin Oran spoke with bianet . He pointed out that the powers of the president were reformulated in the 1982 constitution following the military coup of 12 September 1980. He claims that the powers are "nearly those of a semi-presidential system".
He added that the controversy had centred around who would be handed those powers rather than a questioning of authority.
Presidential powers
According to the current definition, the president has key functions in legislation, execution, and the judiciary. S/he appoints the members of the supreme courts, including the military courts, as well as the senior staff of the universities and the Chief of General Staff.
AKP happy with status quo
According to Oran, "the AKP is determined to have a president of its own chosen without changing these powers. The party is just as happy about the 10 percent electoral hurdle."
The AKP and the opposition Republican People's Party (CHP) never made any moves to change the electoral hurdle, just as they unanimously voted to change the ballot paper format in order to make it more difficult for independent candidates to be elected.
Oran added that the AKP needed a change in mindsets which would accept that the wife of a president could wear a headscarf.
"Civilians could not be trusted"
The powers of president had been put in place in preparation for coup leader General Kenan Evren to become president. Lawyer Ümit Kardaş had previously made the following comments on this issue:
"These powers were ways of letting Kenan Evren continue the coup government. A need for a strong president was felt because 'civilians could not be trusted'. The effect of 12 September [the coup] was meant to be felt in the upper-level bureaucracy."
Need for a neutral and competent candidate
Oran pointed out that the President in Cankaya [the President's residence] was currently able to use these powers according to his/her own ideas. "Just as President Sezer's nationalist line has damaged Turkey, so a conservative president from the AKP, with a 180 degree turn in direction, can be very serious. This is why the position needs to be filled by a neutral and competent person."
As to the creation of a new, civil, constitution and the reduction of presidential powers, Oran expressed the hope that "this parliament could act like a constitutional assembly".
Referendum not the answer
Oran believes that the election of president by the people, as foreseen by the AKP's legislative package, is problematic:
"I don't believe that the presidential system is good for Turkey. The "sultan tradition" which was continued until the 1950s with a strong president is objectionable.
"Letting the people vote for the president would carry these conflicts to the people." (TK/AG)
