Where is Constitution in Checks and Balances?

If there are checks and balances system, there is a certain separation of powers, which means, legislative, executive and judiciary functions are conducted by different institutions. If there are checks and balances system, sovereignty belongs to citizens, which means, the real owners of state power and resources are citizens. If there are checks and balances system, law is above everything, which means, every power mechanism, including the state itself, are equal before the law. For these three functions to come true in real life, they should be guaranteed by the Constitution primarily. That is to say, the foundation of checks and balances system are laid within the constitution.

What Kind of a Constitution Do We Want?

A Constitution which Bears the Signature of All of Us

Constitution should be written within the real participatory processes where different segments of the society can express their requests and expectations. The more segments from the society are involved in the constitution writing process, the more possible it will be to live with compromise and in peace. Because proposals presented by such a constitution is negotiated by considering all participatory parties.

A Constitution which Gains its Power from the Checks and Balances

There is a need for the separation of powers for the limitations of powers, where legislative, executive and judiciary functions are conducted by different institutions; and there is a need for the rule of law (meaning judiciary) for checking powers. If the constitution gets its strength and spirit from these mechanisms, the system it builds will also be democratic.

A Constitution which Embraces the Human and the Citizen

Citizens say the last word in democracies. Then, constitution should protect and strengthen the citizen vis-à-vis the state. If citizens know that their life and property safety, rights and freedoms are protected by law, they will know that they live in a fair country. In that case, they can hold the people who rule them responsible regarding how they do their job, without hesitancy.

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