Opinion | Hong Kong, Istanbul and the influence of the Deep State
Just as Turkey experienced the effects of the Deep State exercising Deep Law in the case of the recent coup attempt, Hong Kong has a similar system emanating from Beijing
With that headline, you thought I would talk about the Turkish coup, the umbrella movement and the fishball revolution, didn’t you? I am a jurist, not a blogger. Instead, I want to talk about a branch of the law that few (even in my own institution) know about – Deep Law.
Deep Law refers to the law that allows the army – and its other partners in the Deep State – to over-throw the government.
Turkish law and custom actually brought the concept of the Deep State (derin devlet) into popular use. The Deep State ensures that democracy does not degenerate into mob rule. When populism turns into riots, the army takes over. Yet, we can see the function of the Deep State all around us.
Everyone knows that the Chinese constitution does not give explicit powers to the Communist Party. Yet, the preamble makes clear who runs the government – as does the design of the Chinese government. The party controls the state through its command of the army. We get to see many members of China’s Deep State as representatives of the Communist Party. Others we do not see.
Turkey has a similar structure. The most recent constitution does not – contrary to popular belief – give the army the right to overthrow the government. At least, many of my academic colleagues and I couldn’t find that provision when we last looked.
The constitutionality of military overthrow relies on a theory and repeat practice, based on the 1961 armed services internal conduct code, that the army must protect the republic. Little more.