Another breaking news today in afternoon (05.06.08) spread around in the world news agencies about the Turkish Top Court annulling the bill proposing to lift the headscarf ban. The court stated that it is an attempt to change non amendable articled named 2nd and 4th in Turkish Constitution and this is why the change decided and voted by the parliament of Turkish Republic has been cancelled in today’s session by the Top Court.
Reasoning about the decision has not been done yet and it is stated by the Chairman of the court that a written reasoning will be done and shared with the public as soon as possible. So far the news created a “political earthquake” in Ankara. Because, according to many members of current ruling party Justice and Development (AKP) and Nationalist Movement Party (MHP), Top Court does not have the legitimate right coming from constitution to take the decision on annulling the bill proposing to lift the headscarf ban. Members of Republican People’s Party (CHP), just as the name of the court, it is the Top Court and guardian of the law and constitution and since the change is about the laic stand of Turkish Republic, the matter is directly related with the non-amendable articles of the constitution (2nd and 4th) . According to the them the decision is right and it should be respected by the whole country.
The decision might well be understood as a sign about the result of matter taken to Top Court by the prosecutor Yalcindag about closure of the Justice and Development Party and banning 73 members of the parliament from AKP including Prime Minister of Turkey Tayyip Erdogan and also President of Turkish Republic Abdullah Gul. The situation of the president well can be discussed under another dimension. Many of opinion leaders think that he might be taken to the courts because of the accusation after his mandate.
It is obvious that the there is a great anxiety about in Justice and Development Party. One of the most important decisions came from the European Court of Human Rights about the case of a Turkish teacher who was fired from her occupation because of her having a headscarf. The court has made the decision and approved the Turkish Courts decisions. This should be seen a very important standpoint about the discussions in Turkey since it seems that the legal framework of European Union does not seem to approve headscarf in the educational institutions. So far discussions will go on more and more in Turkey and on Turkey in Europe, but at the end last decision has been made by the Top Court about the usage of headscarf in Turkey, legally there is no doubt that the decision is strongly binding.
Gökhan KURTARAN
0 yorum:
Yorum Gönder