Legislative authority granted to Parliament, not court: Turkish Prime Minister
Turkish Prime Minister Tayyip Erdogan said on Tuesday the Constitutional Court must explain its decision to overturn a government-led reform allowing students to wear Muslim headscarves at university, reported World Bulletin.
Last week's Constitutional Court ruling was the most serious setback for the AK Party since it came to power in 2002 and analysts said it increased the chances of the party being banned for anti-secular activities, in a separate case.
Erdogan said that the legislative authority was granted to the parliament.
Erdogan said that the legislative power was given to the parliament, on behalf of the Turkish nation, under Article 7 of the Constitution.
"This authority cannot be transferred to any one, and use of sovereignty cannot be left in the hands of a certain person, class or group," Erdogan told the members of his ruling Justice & Development (AK) Party in a parliament meeting.
Erdogan said that the duty of the parliament was to make, amend and abolish laws, and told the AK Party members that nobody could take away this authority from the parliament.
"No one can consider himself as legislator. Also, our parliament cannot hand over its legislative power in line with the Constitution," the Turkish prime minister said.
Erdogan said that the decision of the Constitutional Court was under discussion because of this provision of the Constitution.
The top court cancelled the constitutional amendment lifting the headscarf ban at universities by 9 votes against 2 on June 5th.
Article 7 on "Legislative Power" says "legislative power is vested in the Turkish Grand National Assembly on behalf of the Turkish Nation. This power cannot be delegated."
The AK Party passed the amendment earlier this year to allow students to wear the headscarf at university.
According to recent surveys in Muslim Turkey, some two thirds of Turkish women wear the headscarf and about the same proportion supported lifting the ban for university students.