Being partners of the state

Prof. Mümtazer Türköne
Prof. Mümtazer Türköne


Date posted: January 14, 2014

MÜMTAZER TÜRKÖNE

The freshly appointed justice minister, using phrases not easily understandable to people in the streets, said, “Neither God nor the state accepts partners.” This statement does not have an Islamic background.

Rather, it is reminiscent of Thomas Hobbes’ “Leviathan” or Bousset’s definition of monarchy. It draws parallels between the oneness and power of God and the uniqueness of the state in an effort to justify absolute monarchy. Amid this debate, Foreign Minister Ahmet Davutoğlu recalled the Ottoman state tradition of killing crown princes in order to eliminate potential rivals for the throne. These are the arguments the ruling Justice and Development Party (AK Party) comes up with to defend against the corruption investigations. The state is one, it cannot be divided and it does not accept partners. For this reason, the investigations conducted by the judiciary are perceived as an effort to establish an unfair tutelage over the state power.

You cannot justify the ruling AK Party without siding with a political system that openly rejects the mechanism of checks and balances and constitutional democracies’ principle of separation of powers. Pluralization of the state power, widespread legal and political review, popular participation in political decisions at every level and recognition of citizens not as the governed subjects, but as stakeholders, are some of the established concepts of modern democracies. Monopolization, unaccountability and the uncontrolled use of political power are unacceptable in today’s world.

The prime minister complains that the higher judicial council — the Supreme Board of Judges and Prosecutors (HSYK) — became completely independent with the constitutional amendments accepted in the 2010 referendum. The judiciary is independent, and this contradicts with the state order, he argues. The purpose of the new bill on the HYSK — which is currently being debated with much fighting at Parliament — is to make the judiciary subordinate to the executive branch. The prime minister publicly rejects the independence of the judiciary. As a matter of fact, this represents a regression that is worse than the argument that the state does not accept partners or the suggestion that rival brothers can be killed for the sake of the state. Even these extremist state practices would accept a partially autonomous judicial mechanism.

Do Turkey’s historical cultural codes and state traditions contradict democracy and a reviewable state system? We are forced to say “yes” to this question if we look at how in 11 years the AK Party has evolved into its current form. If single, absolute, indivisible, inalienable and continuous sovereignty, as defined by Jean Bodin, is produced, we need to look for the reasons not in history or culture, but in the very nature of politics. During the last 11 years, the AK Party purged its powerful rivals within the state. But as it just started to assume that it had taken the state under its complete control, the tower it had built with cards was brought to the ground. Unrivaled power suddenly collapsed and lost its strength with an investigation launched by two prosecutors. The government is now trying to survive the judicial review by relying on its parliamentary majority.

The government had channeled lucre from urban development projects and public tenders to a fund that it used to finance political activities. The ongoing investigations are revealing how this fund was established and run. The most serious crime a political party can commit in a democracy is to create and employ such secret funds. Not only the judicial investigations, but also other political developments are proof of the existence of such a fund. In such a case, the only way out for the government is to halt all reviewing mechanisms of democracy and law. It is for this reason that it purports extremist ideas, like that the state does not accept partners, as well as views that are reminiscent of advocating an absolute monarchy.

But every citizen is a partner of the state. The duty of a government is to perform common tasks in the name of these partners and based on the mandate given to it. As this simple principle will eventually prevail, there is no need to worry.

Source: Todays Zaman , January 13, 2014


Related News

Fatih, Yamanlar, Samanyolu schools win medals at science Olympiad

İstanbul’s private Fatih Science High School, Ankara’s private Samanyolu Science High School and İzmir’s private Yamanlar Science High School picked up several medals on Wednesday in the 20th National Science Olympiad and the 17th National Mathematics Olympiad for primary and secondary schools.

Panel highlights need for new global economic order

ERGIN HAVA, ANTALYA Taking a break from the heavy atmosphere of political, economic and social issues at home, senior economists and market experts from the Eurasia region arrived in the calm tourism hub of Antalya on Friday, this time to chew on scenarios mainly for a proposed overhaul of the global economic order. The first […]

Cingöz: Kimse Yok Mu welcomes all auditors from state institutions

İsmail Cingöz, president of the Turkish charity Kimse Yok Mu (Is Anybody There), which is affiliated with the Hizmet movement inspired by prominent scholar Fethullah Gülen, explained to Today’s Zaman that the organization has contributed to social and international peace since the day of its foundation.

Gülen makes application to top court over slanderous report

The report is only one example of a growing campaign of slander against Gülen. The scholar, who has inspired a worldwide religious network that defends peaceful coexistence through dialogue and education, is currently being targeted in a large-scale smear campaign, which is sponsored by the Turkish government.

If whoever touched Gülen was doomed, we would have been ashes by now

“If whoever touches him is screwed, it should have been me who would have gotten screwed first; I should have been in ashes by now because I have published the harshest material against Gülen. I have published the most derogatory books against him.”

3,623 Aggravated Life Sentences Sought In Turkey For Scholar Fethullah Gülen

Turkish prosecutors, part of a judiciary strongly under the influence of Turkey’s autocratic President Recep Tayyip Erdoğan, have demanded 3,623 aggravated life sentences for Turkish-Islamic scholar Fethullah Gülen, who lives in self-imposed exile in the US.

Latest News

Sacramento leaders gather for Iftar dinner in celebration of Ramadan

Turkish inmate jailed over alleged Gülen links dies of heart attack in prison

Message of Condemnation and Condolences for Mass Shooting at Bondi Beach, Sydney

Media executive Hidayet Karaca marks 11th year in prison over alleged links to Gülen movement

ECtHR faults Turkey for convictions of 2,420 applicants over Gülen links in follow-up to 2023 judgment

New Book Exposes Erdoğan’s “Civil Death Project” Targeting the Hizmet Movement

European Human Rights Treaty Faces Legal And Political Tests

ECtHR rejects Turkey’s appeal, clearing path for retrials in Gülen-linked cases

Erdoğan’s Civil Death Project’ : The ‘politicide’ spanning more than a decade

In Case You Missed It

Kyrgyz President Atambayev: Sebat Turkish schools won’t be shut down

Top judge, paralysed after cancer surgery, under arrest at hospital

Erdogan’s crackdown – Woman detained while showing newborn baby to jailed husband

Profiled lawyer files criminal complaint against MİT, MGK

Ergun Poyraz to pay compensation for slandering Fethullah Gulen in his book

Kimse Yok Mu distributes aid to Mongolian orphans

Gülen says paying price for not supporting Erdoğan’s desire for presidential system

Copyright 2026 Hizmet News