Jonah Patel
The Constitution of Turkey, formally known as the Constitution of the Republic of Turkey, has been amended several times since its ratification in 1982. The most recent amendments were made in 2017 following a constitutional referendum that approved 18 proposed changes. The referendum was held under a state of emergency following the failed military coup attempt in July 2016. The amendments included replacing the parliamentary system with an executive presidency and giving the president more control over appointments to the Supreme Board of Judges and Prosecutors. Other notable amendments to the Constitution of Turkey include those made in 2010, which reduced the power of the military court system and improved human rights, and a minor amendment in 2011 regarding the permissible means for challenging decisions of sports federations.
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What You'll Learn
Turkey's 1982 Constitution
The 1982 Constitution has been criticised for limiting individual cultural and political liberties compared to the 1961 Constitution. For example, according to the European Union, the constitution denies the fundamental rights of the Kurdish population, and the Council of Europe's European Commission against Racism and Intolerance (ECRI) has recommended that the parliament revise Article 42, which prohibits teaching any language other than Turkish as a first language in schools. Additionally, it has been criticised for giving the military too much influence in political affairs through the National Security Council.
The 1982 Constitution has been amended 21 times, three of which were through referendums in 1987, 2007, and 2010. As of April 2017, 117 of the 177 articles had been amended overall. Major amendments were made in 2010, and a minor amendment was made to Article 59 in March 2011 regarding the permissible means for challenging decisions of sports federations. Following the 2017 constitutional referendum, fundamental changes were introduced, including changing the parliamentary system to a presidential system.
The 1982 Constitution establishes a separation of powers between the legislative, executive, and judicial branches of the state. It outlines the duties and powers of the Grand National Assembly of Turkey, including enacting, amending, and repealing laws; debating and adopting budget bills; deciding to issue currency and declare war; and approving the ratification of international treaties. The constitution also affirms the equality of all citizens before the law, regardless of language, race, colour, sex, political opinion, philosophical convictions, or religious beliefs.
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Amendments through referendums
The Constitution of Turkey, formally known as the Constitution of the Republic of Türkiye, was ratified in 1982 and has been amended 21 times, three of which were through referendums: in 1987, 2007, 2010, and 2017.
The 1987 referendum was held by the ANAP government, which also faced undesirable results in another referendum in 1988. The 2017 referendum was held under a state of emergency following a failed military coup in July 2016. It proposed 18 amendments, including abolishing the office of Prime Minister, replacing the parliamentary system with a presidential one, and increasing the number of seats in Parliament from 550 to 600. The referendum was approved by a small margin, with 51% of the votes in favour.
The 2010 referendum was also significant, allowing the National Assembly to appoint high-court judges, reducing the power of the military court system, and improving human rights.
The Constitution outlines that a referendum on laws amending it will be held on the first Sunday after 60 days following the publication of the relevant amendment in the Official Gazette. Citizens over 18 years of age can vote in referendums, and those in foreign countries can cast their votes 20 days before the referendum.
Turkey's referendums have attracted international attention and criticism. Some commentators and organisations, such as Human Rights Watch and The Economist, have expressed concern over the potential impact on human rights, the rule of law, and the country's democratic future.
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Amendments to rights and liberties
The Constitution of Turkey, formally known as the Constitution of the Republic of Türkiye, has been amended several times since its ratification in 1982. The amendments have aimed to improve the rights and liberties of individuals and strengthen the rule of law.
The Constitution of 1982 replaced the earlier Constitution of 1961, which was adopted after Turkey's first military coup in May 1960. The 1961 Constitution was amended seven times, with the last amendment in April 1974. It introduced a bicameral system, limited the authority of the government, and emphasised individual rights and liberties. It also expanded and strengthened basic human rights, making it the most liberal constitution in Turkish history.
The 1982 Constitution has been amended at least 19 times, with the most recent revision in 2017. The amendments can be summarised as the abolition of certain constitutional prohibitions, the enlargement of fundamental rights and freedoms, and the weakening of privileges recognised to the armed forces.
One notable amendment was made in 2010, which allowed the National Assembly to appoint high-court judges, reducing the military court system's power over civilians. This amendment also improved human rights and removed the immunity from prosecution that the leaders of the early 1980s military coup had given themselves.
The 1982 Constitution includes a detailed bill of rights covering the social, economic, and political rights and liberties of citizens. Article 5 states that all individuals are equal before the law and possess "inherent fundamental rights and freedoms which are inviolable and inalienable." However, Articles 10 to 15 authorise the government to restrict individual rights to safeguard "the integrity of the state" and "the public interest."
The 2017 amendments have been criticised for their serious consequences for individual liberties and the political system as a whole. The power granted to the President to issue decrees without parliamentary approval and the abolition of limitations on the President's criminal liability have raised concerns.
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Amendments to the Grand National Assembly
The Grand National Assembly of Turkey (GNAT), also referred to as Parlamento or Parliament, is the unicameral Turkish legislature. It was founded in Ankara on 23 April 1920, and the first session was held on the same day. The Grand National Assembly is the sole body given legislative prerogatives by the Turkish Constitution. The current Parliament Building is the third to house the nation's parliament.
The duties and powers of the Grand National Assembly include enacting, amending, and repealing laws; scrutinizing and authorizing the Council of Ministers; issuing decrees; debating and adopting the budget bills and final accounts bills; deciding to issue currency and declare war; approving the ratification of international treaties; and deciding on amnesty and pardon. The Assembly also has the power to propose laws, which belong to the deputies with one or more signatures.
The Grand National Assembly of Turkey does not represent their own constituencies or constituents but the nation as a whole. The members of the GNAT are elected for a five-year term, and a legislative term covers the period between two elections. Following the 2023 General Elections, the Grand National Assembly of Türkiye started its 28th Legislative Term on 2 June 2023. In 2022, the national electoral threshold for a party to enter parliament was lowered from 10% to 7%.
The Constitution of Turkey has been amended 21 times, three of them through a referendum: in 2007, 2010, and 2017. One of them was partly through a referendum in 1987. In 2017, the number of deputies was increased from 550 to 600 through a constitutional amendment.
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Secularism and democracy
Turkey has a rich constitutional history, with many constitutions and amendments made over the years. The country's current constitution, ratified in 1982, has been amended 21 times, with three of these amendments occurring as a result of referendums in 2007, 2010, and 2017.
The most recent amendments came after the 2017 referendum, which saw 18 proposed changes to the constitution. These changes included abolishing the office of the Prime Minister and replacing the parliamentary system with an executive presidency. The referendum was held during a state of emergency following a failed military coup in July 2016. The outcome of the referendum was criticised by some as a threat to democracy and human rights in the country.
The principle of secularism in Turkey's constitution was introduced in 1928 when an amendment removed the article stating that the "religion of the state [was] Islam". The 1934 amendment to the constitution also recognised women's rights to vote and be elected to parliament. The 1961 constitution further strengthened the modern and secular nature of the state, and it was drafted after Turkey's first military coup in 1960.
The 1982 constitution, which has been criticised for limiting individual liberties compared to the 1961 constitution, was designed to support a strong central government and limited political freedom. However, it has also been amended multiple times to keep up with global and regional geopolitical changes and to improve individual rights and liberties.
The constitution establishes Turkey as a secular and democratic republic, with sovereignty derived from the people. It sets out the organisation of the government and the principles and rules of the state's conduct, including the equality of its citizens. The constitution also establishes the rights and responsibilities of citizens and sets guidelines for the delegation and exercise of sovereignty, which belongs to the people.
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Frequently asked questions
Yes, Turkey's 1982 constitution has been amended 19 times, with three amendments occurring in 2007, 2010, and 2017 as a result of a referendum.
The 2017 referendum approved 18 proposed amendments to the Turkish constitution. The amendments included the abolishment of the office of Prime Minister, the replacement of the parliamentary system with an executive presidency, and the increase in the number of seats in Parliament from 550 to 600.
Some critics claimed that the amendments would threaten human rights and the rule of law in Turkey, with one commentator declaring that it would mark "the end of parliamentary democracy in Turkey". The referendum was also held under a state of emergency following a failed military coup attempt in July 2016, raising further concerns about the timing of the vote.
