15 July took its place in history as an attempted invasion 16.04.2018
Minister of Justice Abdulhamit Gül took the floor at the "Symposium on the Organization of Presidential Governmental System on the 1st Anniversary of 2017 Constitutional Referendum" held at Rectorate Building of Istanbul University.

Emphasizing that coups in Turkey prevented development and damaged the constitutional system, Minister of Justice Abdulhamit Gül noted "The previous and today's constitutions have never defended freedoms, the nation and human rights. A constitution draft was written after the coup with the intention of protecting the leading party and presented to the nation as the new constitution. What we call as the parliamentarian system in fact paved the way for an off-the-record politics due to its political risks. As a result, each time the limits were passed the system became more vulnerable to new interventions. In a sense, that is what the 15 July is about. The 15 July took its place in history as an attempted invasion rather than an attempted tutelage."

Minister Gül suggested that the 1982 Constitution divided the executive organ into two which could have provoked a state crisis rather than a governmental crisis and continued "Although a President is not supposed to carry any legal or political responsibility, until 16 April the President had carried immense powers which did not exist in any other parliamentarian system. The political crisis during the coalition periods, the controversial governmental system often discussed in universities particularly and the public expectation showed how much this change was necessary."

After mentioning the problems and shortcomings of the executive body related to the 1982 Constitution, Gül said as follows:

"In fact, the first sign of April 16 was obvious according to the results of the crises experienced 10 years ago. By the will set out in 2007 for election of the President by the votes of people, the parliamentary system, which already had many structural defects, has remained in limbo and turned into a hybrid one."

Minister Gül emphasized that the previous form of the Constitution before the amendments made by the referendum on 16 April 2017 had a dual structure by dividing the executive power between the President and the Council of Ministers, and continued as follows:

"On one hand, there was the government with a political and legal responsibility based on a majority of the Assembly, and on the other there was a President elected by the Assembly but not based on public consent, furnished with very important powers, but with no political or legal responsibility. In the mentioned system, the President had powers almost beyond a king, but had no legal or political responsibility in no way. By the constitutional amendment in 2007, the principle of election by the people was set out, and accordingly the responsibility and legitimacy of the President had been strengthened, but this time other problems arose as a result of parliamentary system. Again, even though the President had partial political responsibility since he had been elected by the people, the system was full of contradictions since his legal irresponsibility continued pursuant to the Constitution.

The mentioned dualist structure brought by the 1982 Constitution before the amendment, is not a system for the parties to supervision each other. It is a system that feeds conflicts and crisis, allows for extraordinary interventions as a result of chaos, and consequently leads to construction of an understanding in which the state is governed by tutelage. That structure meant that the will of the nation would be taken under control. It meant that national sovereignty to be controlled by bureaucratic domination. In that system, there was no guarantee that the executive was based on the will of the nation."

Judiciary of Turkey