Although political parties in Turkey are the institutions at the heart of democracy, they often fail to reflect the true will of the people. The September 12, 1980 coup completely reshaped politics; parties were shut down, leaders were banned and political life was shaped within the boundaries set by the coup plotters.
Today, parties still try to democratize through statutes, but without the guarantee of law and ethics, internal democracy is incomplete.
Limits of the Law on Political Parties
Law No. 2820 on Political Parties, which entered into force in 1983, set the legal framework for parties from their establishment to their dissolution. However, its centralized structure and post-coup restrictions severely restricted internal democracy and members’ right to speak. No matter how democratic party statutes are, real internal democracy is not possible unless they are guaranteed by law.
Absolute nullity cases in CHP
The most recent example is the “absolute nullity” lawsuits in the CHP. The 38th Ordinary Assembly and the 21st Extraordinary Assembly have plunged the party into legal and political uncertainty. Although the courts dismissed the lawsuits, the process showed that party statutes alone cannot be enough; internal democracy can only be prevented if it is secured by law.
Everyone Complains, No One Changes the Law
Even though all parties complain about the Law on Political Parties, none of them touch the law when amending the September 12 Constitution. The truth behind this is clear: Existing party administrations are reluctant to change in order to retain their absolute power and not lose their comfort zones. Demands for internal party democracy are seen as a risk against the dominance of the leaders.
The Source of Political Crises and Uncertainties
The frequent closure of parties or the filing of lawsuits against their leaders fills the agenda with uncertainty and crisis. The democratic will of the people is constantly thrown into legal debates due to a lack of laws. Party statutes alone are not enough to resolve these uncertainties.
Political Ethics Law is a Must
In order to ensure intra-party democracy and transparency, the Law on Political Ethics should be enacted together with the Law on Political Parties. This law will require political actors to abide by ethical rules, prevent conflicts of interest and lack of merit, and increase public trust. The law alone is not enough; ethical standards must also become binding.
The Source of Politics and Determination of the Limits by Law
The source of politics is the will of the people. In order to represent this will in a healthy manner, the limits of authority and responsibility of parties must be defined by law. Party statutes alone cannot guarantee limitations and distribution of duties; a legal framework is essential to prevent centralized and arbitrary governance.
Solution Proposal: Articles of the Law on Political Parties
- 1. Control of internal party elections: All congresses and elections must be guaranteed by independent auditors and legal mechanisms.
2. Securing members' rights: Members' rights to participate in governance, object and representation should be clearly regulated in the law.
3. Legitimacy of assemblies and organs: The convening and decision-making processes of congresses and party organs should be made binding by law.
4. Leadership boundaries and terms of office: The powers and terms of office of party leaders should be clearly defined in the law and centralized structures should be prevented.
5. Ethical oversight and transparency: With the Political Ethics Law, internal party decisions and financial transactions should be made transparent and auditable.
6. Party closure and court proceedings: The powers to close down a party and prosecute its leaders should be clarified in the law to prevent arbitrary use.
Conclusion:
Intra-party democracy can only be sustainable if it is guaranteed by law and ethics. Members' rights to participate in governance, election processes and ethical standards must be guaranteed by binding laws and ethics codes. Unless the Law on Political Parties and the Law on Political Ethics are amended, parties cannot democratize, avoid political crises and fully reflect the will of the people. Democracy does not work in rhetoric, but in real terms through mechanisms secured by law and ethics. Turkey's democratic future will only be possible in this way.