Simone Lawson
Turkey has a rich constitutional history, with many constitutions and radical amendments made to those constitutions over the years. The country's first constitution was crafted in 1921, and the current constitution, approved by national referendum in 1982, has been ratified 19 times, with its most recent revision in 2017. The 1982 Constitution has been criticised for limiting individual cultural and political liberties compared to its predecessor. This paragraph will explore the question: does Turkey have a written constitution?
| Characteristics | Values |
|---|---|
| Number of Constitutions | 4 |
| Names of Constitutions | Constitution of 1921, Constitution of 1924, Constitution of 1961, Constitution of 1982 |
| Current Constitution | Constitution of 1982 |
| Number of Amendments to Current Constitution | 19 |
| Latest Amendment | 2017 |
| Purpose of Latest Amendment | To improve the rights and liberties of individuals and strengthen the rule of law |
| Legislative Body | 600-member parliament, the Grand National Assembly |
| Election of Legislative Body | Universal adult suffrage for a five-year term |
| Main Legislative Body | Grand National Assembly |
| Executive Power | President of the Republic |
| Judicial Power | Independent and impartial courts |
| Equality | Regardless of race, religion, political party, skin colour, gender, language, creed or belief |
| Secular State | Yes |
| Sovereignty | Vested fully and unconditionally in the Turkish Nation |
| Individual Rights | Right to lead an honourable life, develop material and spiritual resources, demand a peaceful life |
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What You'll Learn
The Turkish Constitution of 1982
Turkey has had a written constitution since 1982. The Constitution of 1982, also known as the Constitution of the Republic of Türkiye, is the country's fundamental law. It establishes the Turkish government's organisation and outlines the state's conduct principles, rules, and responsibilities to its citizens. The constitution also establishes the rights and responsibilities of Turkish citizens while setting guidelines to ensure that sovereignty belongs to the people.
The Constitution of 1982 was ratified on November 7, 1982, replacing the previous Constitution of 1961. It has been criticised for limiting individual cultural and political liberties compared to the previous constitution. The Constitution has been amended several times, with 113 of its 177 articles modified as of April 2016. Major amendments were made in 2010, and a minor amendment was made in March 2011 to Article 59, regarding the permissible means for challenging decisions of sports federations.
The Constitution of 1982 affirms the eternal existence of the Turkish Motherland and Nation and the indivisible unity of the Sublime Turkish State. It emphasises the importance of nationalism, the material and spiritual well-being of the Republic, and the absolute supremacy of the nation's will. The Constitution also establishes the separation of powers between the legislative, executive, and judicial branches of the state. The legislative power is vested in the Grand National Assembly of Turkey, while the executive power is exercised by the President of the Republic, and the judicial power is exercised by independent and impartial courts.
The Constitution guarantees equality for all citizens regardless of race, religion, political party, skin colour, gender, language, creed, or belief. It also sets out the rules for the election and functioning of the Grand National Assembly, including eligibility, parliamentary immunity, and legislative procedures. The President of the Republic is elected by direct election and has the power to appoint a cabinet, form and regulate ministries, declare a state of emergency, and draft the budget.
The Constitution of 1982 has been criticised by the European Union and human rights organisations for denying the fundamental rights of the Kurdish population. Article 42, which prohibits the teaching of any language other than Turkish as a first language in schools, has been a particular point of contention. Despite the criticisms, the Constitution of 1982 has been amended and revised to keep up with global and regional geopolitical changes and to ensure the stability of Turkey in the region.
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Equality and rights
Turkey's constitution, formally known as the Constitution of the Republic of Türkiye, is the country's fundamental law. Approved by national referendum in 1982 and amended several times since, it establishes the organisation of the government, sets out the principles and rules of the state's conduct, and outlines citizens' rights and responsibilities.
The Turkish Constitution guarantees "fundamental rights and freedoms" such as the right to life, security of person, and right to property. It establishes Turkey as a secular state, with Article 22 stating that the country is a "democratic, secular and social state governed by rule of law". Article 10 prohibits discrimination based on "language, race, colour, sex, political opinion, philosophical convictions or religious beliefs" and guarantees equality in the eyes of the law. It affirms that "everyone is equal before the law without distinction as to language, race, colour, sex, political opinion, philosophical belief, religion and sect, or any such grounds". The Constitution also affirms the right of workers to form labour unions "without obtaining permission" and "to possess the right to become a member of a union and to freely withdraw from membership".
However, the Constitution has been criticised for limiting individual cultural and political liberties compared to the previous 1961 Constitution. The European Union, human rights organisations, and minorities in Turkey have criticised the country's constitutional principle of not allowing the teaching of languages other than Turkish as first languages in schools. This particularly affects the Kurds, who comprise between 10 and 20% of the Turkish population and are not allowed to receive an education in their mother tongue. The Council of Europe's European Commission against Racism and Intolerance (ECRI) has called for the Turkish Parliament to revise Article 42 of the Constitution, which contains this prohibition.
The Kurdish-Turkish conflict has caused numerous human rights violations over the years, and the issue of human rights is of high importance for negotiations with the European Union. Turkey has entered into various human rights commitments, some of which are expressed in the 1982 Constitution, and is party to 16 out of 18 international human rights treaties of the United Nations.
In recent years, there has been a shift in Turkey's political identity, with the country increasingly indulging the autocratic tendencies of President Recep Tayyip Erdogan. Erdogan has made comments that raise serious questions about Turkey's commitment to gender equality under its Constitution, such as stating that "you cannot put women and men on an equal footing" and that birth control is a form of "treason". Erdogan has also promoted religious schools, which has been seen as an affront to the nation's core principles.
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The role of the President
Turkey's current constitution was approved by a national referendum in 1982 and has been amended several times since. The country's first president, Mustafa Kemal (Atatürk), ruled from 1923 to 1938, followed by İsmet İnönü from 1938 to 1950. Multiparty democracy was instituted in 1950, and parliamentary democracy has largely been in force since then, with brief interruptions by military governments. The legacy of Atatürk remains central to Turkish political life, with his vision of a secular, Westernised state influencing the country's politics.
The President of the Republic of Turkey is elected by direct election and has significant powers. Executive power and function are exercised by the President, who must conform with the Constitution and laws. The President appoints the cabinet, forms and regulates ministries, and has the power to declare a state of emergency for up to six months. They can also propose constitutional changes through a popular referendum. The President can appoint vice-presidents and ministers, who are accountable to them, from among those eligible to be elected as deputies.
The President also plays a role in the legislative process, as they can return legislation to parliament for reconsideration and refer laws to the constitutional court. While the power to enact laws and ratify treaties lies with the Grand National Assembly, the President can initiate the process by submitting proposed changes to the Constitution through a referendum. The President also has the authority to call or dissolve parliament.
Additionally, the President has a role in provincial administration, as they approve the governors appointed by the Council of Ministers to administer Turkey's provinces. The President's role also extends to foreign relations, as seen in Recep Tayyip Erdogan's response to the European Union's requirements during his first term from 2002 to 2007. Erdogan's government passed laws to adapt Turkey's legislation to European norms, although this enthusiasm later waned.
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The Grand National Assembly
Turkey has a written constitution, which was approved by a national referendum in 1982 and has been amended several times since. The country's main legislative body is the Grand National Assembly (GNA), which is housed in a modern building in the Bakanlıklar neighbourhood of Ankara. The GNA is composed of 600 members of parliament (MPs), who are elected for a five-year term by the D'Hondt method, a party-list proportional representation system.
The GNA is the sole body with legislative prerogatives under the Turkish Constitution. Legislative power is vested in the GNA on behalf of the Turkish nation, and this power cannot be delegated. The GNA is responsible for enacting laws and ratifying treaties with other sovereign states. To start discussions, one-third of the total number of members (200 deputies) must be present. Decisions are made by an absolute majority of those attending the meeting, which cannot be less than one plus a quarter of the total number of members.
The GNA plays a crucial role in the functioning of the Turkish government. Members of the GNA are not meant to represent their own constituencies or constituents but the nation as a whole. The GNA also has the power to propose laws, with one or more signatures required to do so. The GNA holds elections every four years, and members whose terms of office expire are eligible for re-election. In the event of a vacancy, a by-election shall be held on the first Sunday after 90 days following the vacancy.
The GNA has been subject to several changes throughout Turkey's history. For instance, following the 2017 constitutional referendum, the number of MPs was increased from 550 to 600, and the role of the president was expanded. The GNA also has a history of being temporarily dissolved during periods of military rule, with power returned to civilian hands under a revised constitution.
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Historical context
Turkey has a rich constitutional history, with many constitutions and radical amendments made to those constitutions over the years. The country's constitutional history dates back to 1808, with the four main constitutions being the Constitution of 1921, the Constitution of 1924, the Constitution of 1961, and the current Constitution of 1982, which has been ratified nineteen times and revised several times since its approval by national referendum in 1982. The most recent revision took place in 2017 and aimed to improve individual rights and liberties and strengthen the rule of law.
The Constitution of 1921 was a fundamental law for Turkey from 1921 to 1924 and was crafted by an elected constituent assembly with diverse group representation and active participation. It was created after the collapse of the Ottoman Empire following World War I, with Mustafa Kemal Atatürk, who became Turkey's first president, playing a pivotal role in its preparation. The Grand National Assembly of Turkey, established by Mustafa Kemal, held both executive and legislative powers and enacted the 1921 Constitution, which holds a significant place in the country's constitutional history.
The Constitution of 1924, initially titled the "Constitution of the Republic of Turkey," is often referred to as the first Constitution of Turkey. It was adopted by a majority of the Assembly on April 20, 1924, and was similar to the 1921 Constitution in terms of retaining fundamental principles while being more detailed with 105 articles. The principle of national sovereignty remained intact, and the Assembly was considered the "sole representative of the nation." The 1924 Constitution took a step towards "parliamentary democracy" by empowering the Assembly to supervise and dismiss the government, although the government and the president lacked the authority to dissolve the Assembly.
The Constitution of 1961 was enacted after Turkey's first military coup in May 1960, which resulted in the dissolution of the Assembly and the imprisonment of the president, prime minister, and assembly members. This constitution was adopted by a referendum in May 1961, with 61.7% of the nation voting in its favour. It introduced a bicameral system, limited government authority, curtailed presidential powers, and placed greater emphasis on individual rights and liberties. The Constitution of 1961 addressed issues such as fundamental rights and freedoms, working life, the right to form trade unions, freedom of the press and communication, and more.
The current Constitution of 1982, with its revisions in 2011 and 2017, has been criticised for limiting individual cultural and political liberties compared to the previous Constitution of 1961. According to the European Union and human rights organisations, certain articles, particularly those related to language education, are against minority rights. Despite this criticism, Turkey's constitutional history reflects the country's ongoing efforts to establish and maintain a democratic, secular, and social state governed by the rule of law.
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Frequently asked questions
Yes, Turkey has a written constitution. The current constitution is the Constitution of 1982, which has been ratified 19 times and revised several times, including in 2011 and 2017.
The Constitution of 1982 establishes Turkey as a democratic, secular, and social state governed by the rule of law. It provides for a strong presidency, with the President of the Republic holding executive power and the Grand National Assembly holding legislative power. The Constitution also guarantees equality for all citizens regardless of race, religion, political opinion, language, and other grounds.
The 2017 revision of the Constitution aimed to improve the rights and liberties of individuals and strengthen the rule of law. It abolished the office of prime minister and expanded the role of the president, giving them the power to appoint a cabinet, form and regulate ministries, and declare a state of emergency for up to six months.
