Politically Weighted Courts in Turkey “Bad News” for Democracy

By Andrew Arato, September 24th, 2010

Andrew Arato is an expert in constitutions, a pressing topic in Turkey right now.

I read the news about the Turkish referendum on constitutional reforms with great interest. Turkey is a bridge between East and West. Europe meets Asia in modern booming Istanbul. It’s a place where the commitment to democracy and to an open Islam is the official policy of the governing Justice and Development Party. It’s a place of great hope and promise, where instead of the clash of civilizations, there is dialogue and reinvention. But it is also a place where people committed to secularism worry about the prospects for their modern way of life. I tried to follow the news reports about what happened, but they were unclear. I understood that a sweeping package of constitutional reforms were approved, that the referendum purported to bring the Turkish constitution up to European standards, but also that the opposition was claiming that the package was a systematic power grab. Is this a sign of democratic progress as the ruling party spokesman declared, or is it, as the opposition declared, a significant regression? I called my friend and New School colleague, Andrew Arato, a distinguished expert on constitutions, who has been working with a group of young scholars on constitutional issues in Turkey. He agreed to answer my questions. I opened by asking him whether the referendum results were good or bad news?

I think bad. The successful Turkish referendum of September 12 was ultimately about court packing. Not only is the manner of choosing judges for the Court now altered, but six new judges presumably friendly to the government will be added to the Court within 30 days.

This is a point missed by almost all Western commentary on the event. Court packing is always bad business. The way is now almost open for the AKP (Adalet ve Kalkınma Partisi, the ruling Party with leaders who have an Islamist, but are committed to membership in the European Union) to remake the country’s secular constitution entirely on its own.

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September 24th, 2010 | Tags: , , , , , , , , ,

Obama’s Iftar Dinner Speech

By Jeffrey C. Goldfarb, August 26th, 2010
Obama delivering Iftar Dinner Speech

In his remarks at the Iftar Dinner at the State Dining Room of the White House, President Obama continued to discharge his responsibilities as Storyteller-in-Chief with distinction.

He clearly illuminated fundamental principles of the American polity. He highlighted their long history, and he applied the principles with their historical resonance to a pressing problem of the day. Yet, the politics of the day, concerning the so called “Ground Zero Mosque,” confused matters, and his attempt to respond to the politics has added to the confusion. I hope in the coming days and months he addresses the confusion. But, in the meanwhile, we need to remember what the issues are apart from the silly interpretations of the 24/7 news machine. His remarks should be deliberately considered.

Today, remembering the significance of the speech. Tomorrow, a consideration of the confusion which followed. Obama welcomed his guests, including members of the diplomatic corps, his administration and Congress, and offered his best wishes to Muslims from around the world for the holy month of Ramadan. He recalled the several years that the Iftar dinner has been held at the White House, as similar events have been hosted to celebrate Christmas, Passover and Diwali. He observed how these events mark the role of faith in the lives of the American people and affirm “the basic truth that we are all children of God, and we all draw strength and a sense of purpose from our beliefs.” The events are “an affirmation of who we are as Americans,” with a long history, illuminated by Obama by citing the words of Thomas Jefferson in the Virginia Act of Establishing Religious Freedom and remembering the First Amendment of the Constitution.

This tradition of religious diversity and respect has made the United States politically strong and open to vibrant and multiple religious traditions, the President noted, making us “a nation where the ability of peoples of different faiths to coexist peacefully and with mutual respect for one another stands in stark contrast to the religious conflict that persists elsewhere around the globe.”

Yet, he recalled, there have been controversies, most recently . . .

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August 26th, 2010 | Tags: , , , , , , , ,