Omar Bennett
The Constitution of Turkey, also known as the Constitution of the Republic of Turkey, is the fundamental law of the country. It establishes the government's organisation, sets out the state's conduct principles and rules, and outlines the rights and responsibilities of its citizens. The current constitution, ratified in 1982, has been modified several times to keep up with global and regional geopolitical changes. The Turkish Constitution has evolved through various iterations since the collapse of the Ottoman Empire, with the 1921 Constitution being the first to consecrate the principle of national sovereignty. The 1982 Constitution underwent significant changes in 2017, including transitioning from a parliamentary to a presidential system. The Constitution affirms Turkey's status as a secular, democratic republic, with sovereignty vested in the nation and delegated to an elected unicameral parliament, the Turkish Grand National Assembly.
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What You'll Learn
The Turkish Constitution of 1921
The 1921 Constitution was crafted by an elected constituent assembly, with various groups and ideologies actively participating. It was a short constitution, consisting of 23 articles and an individual article addressing issues of power, local governments, and their jurisdiction. It witnessed significant events in Turkey's history, including the victory of Turkish forces in the Turkish War of Independence, the abolition of the Ottoman Sultanate and aristocratic titles, the signing of the Treaty of Lausanne leading to international recognition of the new Republic, the official proclamation of the Republic, and the abolition of the Caliphate and remaining vestiges of Islamic Law.
The 1921 Constitution established the Grand National Assembly (Büyük Millet Meclisi) as the governing body of the Turkish state, with its government titled "the Government of Grand National Assembly" (Büyük Millet Meclisi Hükûmeti). The Assembly was composed of members elected by the people of the provinces, with elections held every two years. The 1921 Constitution was transitional, replaced by the 1924 Constitution, but it laid the foundation for a republican tradition of secular and democratic sovereignty exercised by a strong parliament in the name of a free and independent Turkish Nation.
The 1921 Constitution represented an exception in Ottoman-Turkish constitutional history, as it lacked the typical institutional choices of authoritarian periods. It was a strong assembly with diverse political groups, views, and identities, and deputies acted as checks and balances for ministers. The 1921 Constitution also served as the legal basis for the Turkish War of Independence (1919-1923), refuting the principles of the Treaty of Sèvres of 1918 signed by the Ottoman Empire, which would have required ceding the majority of its territory to the Entente Powers.
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The Turkish Constitution of 1982
The Constitution of 1982 introduced a 10% electoral threshold for parliamentary representation, aiming to reduce the instability of coalition governments. It also reduced state intervention in economic matters and encouraged privatisation and private enterprise. The Constitution affirms that Turkey is a secular and democratic republic, with sovereignty vested fully and unconditionally in the nation. The Turkish Grand National Assembly, a unicameral parliament, is the main legislative body, consisting of 600 members elected for a five-year term.
The Constitution sets out the fundamental rights and duties of the state, including safeguarding the independence and integrity of the Turkish Nation, ensuring the welfare and happiness of individuals and society, and providing for the development of individuals' material and spiritual existence. It establishes freedoms such as freedom of expression, freedom of the press, freedom of association, and freedom of assembly. It also affirms the right of workers to form labour unions and bargain collectively.
The Constitution has undergone several amendments to keep up with global and regional geopolitical changes. A notable amendment was made in 2017, which changed the parliamentary system to a presidential system, giving the president control over executive, legislative, and judicial powers. This raised concerns about a potential decrease in democracy. Additionally, the Constitution has been criticised for giving the military too much influence in political affairs through the National Security Council.
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The Turkish Constitution's amendments
The modern Turkish state has been governed under four documents, with the current constitution being ratified in 1982. The Constitution of the Republic of Turkey, also known as the Constitution of 1982, is Turkey's fundamental law. It establishes the organisation of the government, and sets out the principles and rules of the state's conduct, along with its responsibilities towards its citizens. The constitution also establishes the rights and responsibilities of the citizens while setting guidelines for the delegation and exercise of sovereignty, which belongs entirely to the people. The constitution was amended 21 times, three of them through referendums in 1987, 2007, 2010, and 2017.
The Constitution asserts that Turkey is a secular and democratic republic, with sovereignty derived from the people. The sovereignty rests with the Turkish Nation, who delegates its exercise to the elected unicameral parliament, the Turkish Grand National Assembly. The preamble invokes the principles of nationalism, defined as the "material and spiritual well-being of the Republic". The basic nature of Turkey is laïcité, social equality, equality before the law, a republican form of government, and the indivisibility of the Republic and the Turkish Nation.
Article Five of the Constitution sets out the raison d'être of the Turkish state, which is "to provide the conditions required for the development of the individual's material and spiritual existence". These rights are based on international bills of rights, such as the Universal Declaration of Human Rights, which Turkey was one of the first nations to ratify in 1948. Article 10 prohibits any discrimination based on "language, race, colour, sex, political opinion, philosophical convictions or religious beliefs" and guarantees equality before the law.
The Constitution of 1982 introduced a 10% electoral threshold for parliamentary representation, aiming to reduce the instability of coalition governments. It also reduced state intervention in economic matters and encouraged privatisation and private enterprise. The 2017 referendum resulted in fundamental changes, including the shift from a parliamentary system to a presidential system. The president's powers were expanded to include appointing a cabinet, forming and regulating ministries, and declaring a state of emergency for up to six months.
The Turkish Constitution has been amended multiple times to keep up with global and regional geopolitical changes, ensuring that Turkey's laws remain relevant and adaptable to the country's evolving needs.
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The Turkish Constitution and secularism
The Turkish Constitution, formally known as the Constitution of the Republic of Türkiye, is the country's fundamental law. It establishes the organisation of the government and sets out the principles and rules of the state's conduct, along with its responsibilities towards its citizens. The current constitution, ratified in 1982, replaced the earlier Constitution of 1961 and has been amended 21 times, with major changes introduced following the 2017 constitutional referendum.
The Turkish Constitution asserts that Turkey is a secular and democratic republic, with sovereignty derived from its citizens. The preamble invokes the principles of nationalism, social equality, equality before the law, and the indivisibility of the Republic and the Turkish Nation. Article 10 of the Constitution prohibits any discrimination based on language, race, colour, sex, political opinion, philosophical convictions, or religious beliefs, guaranteeing equality for all citizens under the law.
The inclusion of secularism in the Turkish Constitution dates back to the 1920s. In 1924, a new constitution abolished the caliphate, which had been retained after the establishment of the Republic in 1923, and declared Islam as the official religion. However, in 1928, an amendment to this constitution removed the provision declaring Islam as the state religion. The reforms of Turkey's first president, Mustafa Kemal Atatürk, further established the requirements for a modern, democratic, and secular state, aligned with Kemalism. In 1937, laïcité, or the separation of state and religion, was explicitly stated in the second article of the constitution.
Despite the constitutional commitment to secularism, the role of Islamist parties in Turkish politics expanded in the 1990s and 2000s. The electoral success of the Islamist Welfare Party in the 1990s led to the rise of the conservative Justice and Development Party (AKP), which has been criticised for its strong religious leanings and anti-secularism. In recent years, there have been concerns about the erosion of secularism in Turkey, with the Turkish Parliament Speaker İsmail Kahraman suggesting that "secularism would not have a place in a new constitution". However, surveys show significant public support for maintaining Turkey as a secular state, with the majority of citizens valuing the separation of state and religion as essential for the country's modernisation and progress.
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The Turkish Constitution and federalism
The current Turkish Constitution, formally known as the Constitution of the Republic of Türkiye, was ratified in 1982 and has been amended 21 times, with the most recent changes introduced in 2017. The Constitution establishes the organisation of the government and sets out the principles and rules of the state's conduct, as well as its responsibilities towards its citizens. It also defines a Turkish civic identity, with sovereignty vested fully and unconditionally in the nation.
The Constitution of 1982 replaced the Constitution of 1961 and has been modified several times to keep up with global and regional geopolitical changes. The most significant amendments include the 2010 changes, and the 2017 referendum which changed Turkey's system of government from a parliamentary system to a presidential one.
The Constitution of 1982 introduced a 10% electoral threshold for parliamentary representation, aiming to reduce the instability of coalition governments. It also reduced state intervention in economic matters and encouraged privatisation and private enterprise.
The Constitution asserts that Turkey is a secular and democratic republic, with sovereignty derived from the people. It establishes a unicameral parliament, the Turkish Grand National Assembly, as the sole organ of expression of sovereign people. The Constitution sets out the fundamental rights and freedoms of Turkish citizens, including freedom of expression, freedom of the press, freedom of association, and freedom of assembly. It also affirms the right of workers to form labour unions and to bargain collectively.
The Turkish Constitution has a long history, with the first constitution of the modern Turkish state ratified in 1921. This was a short-lived document, lasting only three years until it was replaced by the Constitution of 1924. The Constitution of 1921 was prepared by the Grand National Assembly, which was elected as a Constitutional Convention and an acting Parliament following the collapse of the Ottoman Empire after World War I. It was the first Turkish Constitution to consecrate the principle of national sovereignty, deriving its sovereignty from the nation and not from the Sultan, the absolute monarch of the Ottoman Empire.
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Frequently asked questions
The Turkish Constitution is the fundamental law of Turkey, establishing the organisation of the government and setting out the principles, rules, rights and responsibilities of the state and its citizens. The current constitution was ratified in 1982 and has been amended 21 times, three of which were through referendums.
The first constitution of the Ottoman Empire was adopted in 1876 and revised in 1908. The modern Turkish state has been governed under four documents, including the current 1982 Constitution. The Constitution of 1921 was the first constitution of the modern Turkish state, followed by the Constitution of 1924.
The Turkish Constitution establishes Turkey as a secular, democratic republic, with sovereignty vested in the nation and delegated to an elected unicameral parliament, the Turkish Grand National Assembly. It sets out the fundamental rights and freedoms of Turkish citizens, including freedom of expression, freedom of the press, freedom of association and freedom of assembly. It also affirms the right of workers to form labour unions and bargain collectively.
The Federalist Papers are a collection of 85 articles and essays written by Alexander Hamilton, James Madison and John Jay under the pseudonym "Publius". The collection was created to promote the ratification of the Constitution of the United States and influence voters to support it. The essays present arguments in favour of the Constitution, such as the case against the need for a Bill of Rights, and the groundwork for the doctrine of judicial review.
