I. State Administration
We believe that a politician and a political party’s duty is to serve first the individual, then the community and then mankind. If the final goal is national and global welfare and happiness, the individual should be the instrument and that individual’s welfare and happiness is possible only through a social order that respects human rights.
The Liberal Democrat Party regards its first duty as the establishment of a modern, democratic, law state that fully secures the individual’s freedom and rights: Freedom of expression and speech, freedom of religion and freedom of enterprise. These are indispensable conditions whereby the social will shall unconditionally manifest itself.
In this system, the State will be primarily responsible of ensuring social order, justice, defense and of maintaining consumer rights and environmental protection. State will in no other way intervene in the economic, social and cultural life of the nation. The State will govern not execute.
The social and economic institutions separated from the State will be reshaped and let to develop with the creative skills of the individuals. Thus, the State will be rid of its present inertia and acquire an efficient and dynamic structure.
In the liberal democratic model the State regards freedom of religion and the principal of secularism as concepts that complement one another.
Similarly, the State regards an economic structure based on competition as the best means whereby distribution of resources will take place at optimum levels.
The Basic Problem
We believe that the reason of the failure in this regard of the multi-party parliamentary system Turkey has had in effect since 1946 is primarily constitutional. Starting with the foundation of the Republic, none of the constitutions passed fully adopted the principle of “separation of powers” (judiciary, executive and legislative powers); this being the indisputable single feature of modern, democratic, liberal state.
In the modern democratic state based on law order, the judiciary, the executive and the legislative powers function independent of one another, although in harmony, with the judiciary having a special place over the other two.
Of these three powers, especially the judiciary and executive exercise their power directly on behalf of the people and thus, should be products of national will meaning, consensus. This is and has been by no means the case in Turkey. Both the judiciary and executive have always been governed and designated by the legislative power.
The legislative body (the Parliament) naturally consists of representatives (not “deputies” as they are referred today) of opposing democratic interest groups thus, reflecting the will of various democratic interests. The legislative, in this sense, differs from the judiciary and executive bodies, which must be products of national consensus.
This is not at all the case in Turkey. What happens is, the legislative body (the Parliament), representing only the political will (the interest spectrum) of the people and therefore, by no means a product of national consensus, elects both the President and the Prime Minister who, in turn, designate the executive body (the Cabinet) a member of which (the Minister of Justice) heads the judiciary!
The Presidential power in Turkey is designed to be above all political concerns, representing the whole nation thus, is expected to perform as a referee independent of all political bias. This means, the President should be a product of national consensus which, in turn, means that he should be elected directly by the people. Because this is not the case, and because the President is elected by the Parliament, he/she is naturally representative of the political party with the largest number of seats in the Parliament meaning, not necessarily independent.
Similarly, the legislative body (the Parliament) also elects or rather authorizes the Prime Minister to head the executive body, the Cabinet. Thus, the Prime Minister is a also a figure representing the political party with highest number of seats in the Parliament and his/her Cabinet, naturally composed of the deputies of the same political party.
As mentioned above, the judiciary power is exercised through one of such a Cabinet’s members, the Minister of Justice meaning, a deputy of the political party with the highest number of seats in the Parliament thus, undoubtedly controlled by the legislative and executive powers. Furthermore, the members of the Constitutional Court are also designated not by national will and/or consensus but political will.
We believe that this system overlooks the entirely different conceptual meanings of “majority vote” vs “consensus” therefore, obsolete as regards to a modern democratic state.
The Fourth Power: Media
In the modern democratic state, the above mentioned three powers have come to be supplemented by a new one: The media.
In the Age of Information, media plays a very effective role in the fast development of the individuals’ role as regards to liberal democracy. With this belief, we consider media as the forth power and attach special importance to its function, through reference in the Constitution.
The Constitution as a Social Contract
We believe that the above described views and thereof, model should first find expression in a social contract, a Constitution which is the product of national consensus. The Turkish nation should no more be deprived of her right to draw up her own social contract thus securing the continuation of the Republic as a modern, democratic and liberal state.
The system we propose through a new Constitution foresees radical changes in the system, i.e. adoption of the presidential system vs. the multi-parliamentary system (ref. Constitution). We hold strong belief in the highly developed democratic sense of our people and plan to hold a referendum in this regard.
Thus, in this first part of our Program and starting first with the Constitution, we will dwell primarily on the duties of
The State in a liberal system, namely, justice, social orders foreign policy and defense.
I.l. The Constitution
I.1.1. The new Constitution of the Republic of Turkey will comprise provisions ensuring independent and interdependent functions of the legislative, the executive and the judiciary bodies in a check and balance system.
I.1.2. To ensure the operationality of the principle of separation of powers which, to repeat, is a fundamental and indisputable feature of any democratic, law-based state, the Constitution will lay down the principle of conferring the executive power upon a President elected directly by the people with at least 51% of their votes cast in a two-round election system and upon a Cabinet appointed by him/her. The Constitution will also make provisions for the operation of this structure, which we call the President System.
I.1.3. To ensure the operationality of the principle of separation of powers which, to repeat, is a fundamental and indisputable feature of any democratic, law-based state, the Constitution will lay down the principle of transferring the judiciary power to a Constitutional Court, the president and members of which are appointed by national will and, to an effective judiciary mechanism attached to the Constitutional court.
I.1.4. To ensure the operationality of the principle of separation of powers which, to repeat, is a fundamental and indisputable feature of any democratic, law-based state, the Constitution will provide that the legislative power is vested in an Assembly of Representatives, the representatives of which are elected through two-round elections based on small constituencies and receive a minimum of 51 % of the votes in their respective constituencies.
I.1.5. In the context of respect to human rights which is an indisputable feature of any modern democratic state, the Constitution will provide that the principles set out in the Universal Declaration of Human Rights (ref. Annex) will be fully adhered to and that all developments in this regard stated in international treaties shall be agreed to in advance. The Constitution will not contain other and/or additional provisions regarding human rights that are specific to Turkey and her citizens.
I.1.6. With the belief that media today is the fourth power of a modern liberal democracy, the Constitution will put particular emphasis on principles ensuring mass communication means ensuring that it operates within the framework of liberalism and respect to the democratic, law-based state.
I.1.7. The Constitution will contain the principle that the right to approve and amend the constitution upon proposal of the Head of the State is vested in the nation.
I.2. The Judiciary System
I.2.1. As stated above (ref. I.1.2.) the Constitutional Court shall cease to be the court that simply decides on the constitutionality of laws but, will be turned into a “supreme court” that takes final decisions on important subjects with authority and power as received from the nation.
1.2.2. The financial needs of courts (the judiciary mechanism) attached to the Constitutional Court (the Supreme Court) shall be met out of an independent fund to be created for this purpose. The basic input of this fund will be judicial fees to be fixed realistically. The levels of income of judges and other personal in the system will be kept proportional to the importance of their duty.
I.2.3. The Administrative Courts will be abolished and their functions transferred to ordinary courts.
I.2.4. Specialization courts will be set up in areas of consumer rights and environmental issues.
I.2.5. The judicial system will be restructured as described above to be able to serve the principles laid down in the Constitution and to operate effectively and efficiently. The laws concerning the organization and operation of courts will be reviewed; legal and procedural rearrangements will be made.
I.2.6. The system will be fully computerized and relevant technology made use of.
I.3. Representation
I.3.1. As stated above (ref. I.1.4.) the legislative body (the Parliament) will consist of representatives of the political parties elected through two-round elections based on small constituencies and who receive a minimum of 51% of votes cast. This body will be renamed as the Assembly of Representatives.
I.3.2. Membership to this Assembly will automatically drop when the Head of the State appoints him/her to the Cabinet.
I.3.3. The extra-parliamentary immunity of Representatives will be abolished. A representative who is alleged to have committed a crime will be interrogated and tried in accordance with the principles and procedures that apply to all Turkish citizens.
I.3.4. Means of advanced technology will be made use of to ensure that the Assembly works efficiently.
I.3.5. The principle that an amendment made to the Electoral Law can take effect only in the one next election will be introduced.
I.3.6. The operations of political parties will be based on trust in party members, i.e. preliminary elections will be conducted among ordinary party members under the supervision of the independent judiciary body and the present system that is based on delegates will be abolished. Radical changes will be made regarding the Law of Political Parties in line with the above understanding.
I.3.7. To have completed the age of 18 will be sufficient to become a member of a political party. Voting age will also be 18.
I.3.8. To have completed the age of 24 and have received eight years of compulsory education will be sufficient to run up for representation in the Assembly of Representatives.
I.3.9. Citizens of the Republic of Turkey who reside abroad will be allowed to vote through embassies and consulates.
I.4. The Administrative Structure
I.4.1. The number of provinces will be reduced to a minimum and an end will be put to the wasteful practice of turning districts into provinces.
I.4.2. As highest government authorities in provinces, provincial governors will continue being appointed by the government but their powers shall be reviewed.
I.4.3. Elected local governments (municipalities) will be recognized further powers and responsibilities so as to equip them to function as local parliaments (ref. Local Governments).
I.5. Social Order and Public Security
I.5.1. Insurance of a safe and healthy life quality and protection of consumer rights is considered as one of the main duties of the State.
I.5.2. To serve this end, wide range of special laws will be enacted as regards to protection of environment and consumer rights with specialized courts to deal with both subjects (ref. I.2.4.)
I.5.3. Adhering firmly to the principles of equality between both sexes will repeal legislation that discriminates against women. Special importance will be attached to the protection of women, children and the family.
I.5.4. Equality in opportunity will be ensured indirectly through liberal economic and social policies to be adopted by the State. The direct contribution by the State towards this end will be limited to rewarding the talents of disabled and the poor by, i.e. providing them with scholarships in education, etc.
I.5.5. The operations of non-profit institutions and foundations, an indispensable element of a liberal democracy, will be made to acquire a modern structure through change in or enactment of laws.
I.5.6. The existing State social security institutions, i.e. SSK and Bağ-Kur will be abolished. Foundations and private sector organizations will assume the social security services. The insurance sector which is recognized as vital part of the financial sector, will be supported through tax incentives (ref. II.2.1., II.2.6.). It is believed that the existing obligations of i.e. SSK and Bağ-Kur towards pensioners will be fulfilled much more effectively out of a special budget of the State as well as through foundations and private sector organizations.
I.5.7. State-owned hospitals will be privatized in the form of foundation owned organizations and legislative arrangements will be made to ensure that they provide health services in an efficient, extensive and modern manner.
I.5.8. An unemployment benefit scheme with limited benefit period will be created at a minimum level as to also avoid abuse.
I.5.9. Measures to facilitate the life quality of the disabled will be introduced through laws. These citizens will be assisted out of a special budget of the State but through private organizations as regards to social security services.
I.5.10. The State will not persuade a population and/or birth control policy. It is believed that population planning should be left to the common sense of the people and to effectiveness of the efforts of foundations and private organizations that carry out promotion programs in this regard.
I.5.11. Laws that protect and maintain industrial peace aiming to reconstruct mutual respect, understanding and sense of social responsibility in the employers-employee relations will regulate labor life.
I.5.12. Membership to chambers and trade unions will cease to be compulsory. Voluntary membership will be encouraged with the understanding that a chamber or a union’s duty is to serve members well so as to attract and maintain membership.
I.5.13. Public security will be ensured through the establishment of a strong, well-trained police force. Relations between the public and the police will be improved. The incomes of the personnel employed in the police force will be kept satisfactorily high. A reserve system will be established within the police organization.
I.5.14. The gendarmerie, being a unit responsible also of public security, will be attached to the police organization.
I.6. Defense
I.6.1. Defense is one of the basic duties of the State. We believe that the Turkish Army is responsible only of national defense and should not be utilized as a means of power within national boundaries, regarding public security.
I.6.2. With this understanding, the Turkish Army will be restructured to act as a professional, dynamic and powerful deterrent equipped with arms of the latest and most modern technology. The Turkish Army will continue to play its active role in NATO and similar alliances of the State.
I.6.3. State investments in defense industry will be transferred to the private sector. The State will not pursue a particular policy to develop a defense industry in Turkey (ref. II.5.7.).
I.6.4. The existing relations with NATO will be maintained. However, we believe that NATO should be restructured as the strike force of the United Nations and we shall work to contribute to this end (ref. I.7.4.).
I.7. Foreign Policy
I.7.1. We believe that Turkey is an important and influential country in world politics (ref. A General Assessment). This is a fact regardless of the political party in power, regardless of Turkey’s economic situation. Thus, Turkish State should effectively resume her responsibilities in creating world order.
I.7.2. Turkey will continue to be loyal to the United Nations however, we believe that the UN should be strengthened to be able to play her vital role more effectively.
I.7.3. In this context, we also believe that Turkey should become a permanent member of UN’s Security Council with veto rights because Turkey politically is at least, if not more important a country than France and China in terms of potential contribution to world peace and order.
I.7.4. With the same understanding, we believe that NATO should be restructured as the strike force of the United Nations. This once effective organization has become bereft of purpose following the collapse of the communist block. In order for NATO to be able to continue to serve world peace, it should be given a new, wider and humane mission and reorganized in this effect (ref. I.6.4.).
I.7.5. We believe that Turkey should base her relations with her neighbors on stronger and sounder footing.
I.7.6. In this context, we believe that Turkey should be acting as responsible as any third country in problems concerning her neighbors. To give an example, Turkey should not leave the settlement of the Azeri-Armenian issue to the USA or Russia but, should assume as much responsibility and authority as these world powers in solving the problem.
I.7.7. The Liberal Democrat Party adopts it as a principle that the bureaucratically cadres in charge of conducting the foreign policy of the Republic of Turkey should be supported by people distinguished in this regard, nationally and internationally. The practical aspects of this principle will be regulated through legal arrangements.
