Aydın Tiryaki (2026)
Introduction: The Crisis of Trust in Representative Democracy
The foundation of democratic systems rests upon the bond of trust between the voter and the representative. However, in contemporary politics, the transfer of a representative mandate (Member of Parliament, Mayor, or Council Member) to another political party shortly after an election deeply undermines this trust. This issue is not merely an ethical concern; it is a constitutional obstacle preventing the electoral will from being realized as it was cast at the ballot box.
Historical Background: The 1982 Constitution and the 1995 Amendment
Attempts to prevent political transfers in Türkiye were clearly established in the original text of the 1982 Constitution. The initial version of Article 84 stipulated that “the membership of a deputy who resigns from their party shall be terminated.”
However, this provision was repealed by Law No. 4121 on July 23, 1995. The justification for this change was to protect the representative’s freedom of conscience and shield them from the pressure of party leadership. Nevertheless, the past thirty years have shown that this flexibility has led to the neutralization of the voter’s will through secret political deals and has turned the mandate into a bargaining chip.
The New Reform Proposal: The “Principled Freedom and Fair Representation” Model
1. Distinguishing Between Resignation and Expulsion (Safeguard Mechanism)
To protect the representative’s responsibility to both the voter and their own conscience, the following dual structure should be established:
- In Case of Resignation (Loyalty to Voter Will): If a Member of Parliament (MP), Mayor, or Council Member resigns from their party of their own accord, their mandate shall automatically terminate. This is a requirement of respect for the political program for which the votes were originally cast.
- In Case of Expulsion (Protection Against Party Pressure): If a representative is expelled from their party by the leadership, they may continue their duties as an independent. This rule prevents party administrations from exerting unfair pressure on representatives. However, if this independent representative joins another party, their mandate ends immediately.
2. “Sequential Succession” and “Fresh Blood” in Local Government
To eliminate post-election seat bargaining in local administrations and inject dynamism into local politics:
- The Mayoralty: In the event that a Mayor’s term ends due to resignation or transfer, no election shall be held within the council. The first person on that party’s municipal council list shall automatically become the new Mayor.
- Council Membership: When a council seat is vacated, the next candidate on the substitute list takes office. This creates a “fresh blood” effect in local politics, allowing new party cadres to gain experience and ensuring the continuous renewal of the administration.
3. Representation and By-elections in Parliament
Due to the sensitive nature of parliamentary representation, a substitute system is not applied at this level:
- The seat of a resigning Member of Parliament remains vacant.
- When the number of vacant seats reaches the legal threshold specified in the constitution, the public’s will is consulted again through a by-election. This method preserves the quality of representation and prevents artificial interference with political balances.
4. The “Cooling-Off Period” (The 1-Year Rule)
To prevent opportunistic transitions during the election process, a representative must join a new party at least 1 year before the election to be eligible as a candidate. Upon joining the new party, the “Transfer” rule is triggered, and the representative’s current mandate ends.
5. Procedure: The Requirement of a Farewell Speech
A resignation or transfer only gains legal validity if the representative personally announces the decision on the floor of the Parliament or the respective local council. The representative must bid farewell by stating, “I am relinquishing the mandate given to me by the people as I am leaving my party.” No digital changes (such as via e-government portals) shall be considered valid without this public declaration.
Gains of the Model and Conclusion
This proposal removes politics from the realm of personal bargaining and registers the mandate as a trust. While the succession system in local governments ensures continuity of service and the infusion of “fresh blood,” the by-election mechanism at the parliamentary level protects democratic legitimacy. Ultimately, while the representative’s right to part ways with their party is preserved, the price of this decision is set as the “return of the mandate to the people,” fully ensuring political ethics.
| aydintiryaki.org | YouTube | Aydın Tiryaki’nin Yazıları ve Videoları │Articles and Videos by Aydın Tiryaki | Bilgi Merkezi│Knowledge Hub | ░ Siyasi Transferlere Anayasal Çözüm │ A Constitutional Solution to Political Transfers ░ 08.01.2026
A Note on Methods and Tools: All observations, ideas, and solution proposals in this study are the author’s own. AI was utilized as an information source for researching and compiling relevant topics strictly based on the author’s inquiries, requests, and directions; additionally, it provided writing assistance during the drafting process. (The research-based compilation and English writing process of this text were supported by AI as a specialized assistant.)
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