Q: Bring under discussion of foremost features of Turkish Constitution.

Political Science Paper-2

Compiled by: Mr. Imran Zahoor
PhD Scholar IR
Contact: 0321-4800309

Introduction

 The current Turkish Constitution, also known as the Constitution of 1982, was
adopted on November 7, 1982.

 It was enacted following the 1980 military coup led by General Kenan Evren,
which resulted in the overthrow of the civilian government.

 The drafting process was led by a military junta, with input from civilian experts,
and it replaced the previous constitution of 1961.

 The constitution emphasizes the principles of secularism and democracy, setting

the governance structure under parliamentary system.

 The Constitution of 1982 reflects a strong emphasis on nationalism, guiding

economic policies and the protection of the state's unity and integrity.

Brief History of Constitutions

Turkey has had several constitutions throughout its history:

 1921 Constitution: The first constitution was adopted in 1921, establishing the
Turkish Grand National Assembly and a provisional government.

 1924 Constitution: The 1924 constitution abolished the Ottoman Sultanate and
Caliphate, establishing Turkey as a republic.

 1961 Constitution: Following a military intervention, the 1961 constitution was

adopted, introducing a more democratic and liberal framework, with multiparty
politics and a stronger judiciary.
 Proposed New Constitution: There have been discussions about drafting a new,
more inclusive constitution to address evolving political and societal needs.

By: Mr. Imran Zahoor

PhD Scholar of IR
Contact for More CSS-PMS Material
WhatsApp: 0321-4800309

Foremost Features of Turkish Constitution

Preamble

The preamble of the Turkish Constitution serves as an introductory statement that

outlines the foundational principles and aspirations of the nation.
 It emphasizes the significance of the Republic of Turkey, founded on the
ideas of Mustafa Kemal Atatürk, and highlights the commitment to
secularism, the rule of law, democracy, human rights, and fundamental
freedoms.
 It acknowledges the historical and cultural heritage of the Turkish people
and their determination to enhance their prosperity while maintaining
international peace and solidarity.

Secularism and the Republic

 The Turkish Constitution firmly establishes the nation's commitment to

secularism and the democratic republic.
 Article 2 explicitly states that Turkey is a secular state, emphasizing the
separation of religion from government affairs.
 Article 24 reinforces this commitment by guaranteeing freedom of religion
and integrity for all individuals.
 Separation of Powers and Checks and Balances

 The Turkish Constitution upholds the separation of powers among the executive,
legislative, and judicial branches.

 Article 7 establishes the National Assembly as the legislative branch.

o Article 87 of the Constitution outlines the process of legislative
initiatives, allowing members of the National Assembly to propose laws,
contributing to the legislative branch's role in shaping the legal
framework of the country.

 Article 8 outlines the responsibilities of the President as the executive authority.

This separation is vital for preventing an excessive concentration of power.

Presidential System

 In 2017, Turkey underwent a significant constitutional change, transitioning from a

parliamentary system to a presidential system through a referendum on
constitutional amendments.

 The main reference for this change is the 2017 Turkish constitutional referendum,
where amendments to several articles, including Article 9, Article 104, and Article
105, shifted executive powers from the Prime Minister to the President.

 This transformation expanded the powers of the President, enhancing the

executive authority and fundamentally altering the country's political landscape.
 Article 9 specifies the duties and powers of the President.
 Article 104 delineates the process of presidential elections and the
President's term in office.
  Article 105 outlines the President's authority in appointing and dismissing
ministers and public officials.

Multi-Party System

The Turkish Constitution permits the establishment of political parties, promoting a

democratic and multi-party political landscape.
 Article 67 reinforces the principles of democratic and multiparty politics,
emphasizing that political parties contribute to the functioning of democracy.
 Article 68 guarantees that political parties have the right to operate and
engage in political activities without undue interference.
 Legal provisions, such as Article 69, safeguard political parties' rights and
functions, ensuring their participation in the democratic process.
 These provisions collectively facilitate a diverse and dynamic political
environment in Turkey.
By: Mr. Imran Zahoor
PhD Scholar of IR
Contact for More CSS-PMS Material
WhatsApp: 0321-48003
Rule of Law and Accountability

The constitution places a strong emphasis on the rule of law and accountability.
 Article 10 ensures the protection of an individual's right to a fair trial and
defense, highlighting the importance of legal due process.
 This principle is essential for upholding justice and preventing arbitrary
exercise of power.
Fundamental Rights and Freedoms

The Turkish Constitution enshrines a range of fundamental rights and freedoms.

o Article 5 (Right to Life): This article affirms the fundamental right to life, providing
legal protection against unlawful deprivation of life and ensuring the state's obligation
to safeguard the lives of its citizens.
o Article 19 (Freedom of Expression): Article 19 safeguards the freedom of
expression, allowing individuals to express their opinions and ideas without
censorship, promoting open discourse and public debate.
o Article 24 (Freedom of Thought and Conscience): This article ensures the
freedom of thought and conscience, protecting an individual's right to hold and
manifest their beliefs, values, and principles, without discrimination,
demonstrating the constitution's commitment to individual liberties.

Local Administration and Decentralization

The constitution establishes the framework for local governments and their relationship
with the central government.
 The Turkish Constitution recognizes the significance of local governments in
Article 127, highlighting their role in addressing regional issues and local
development.
 Article 126 grants local governments the authority to regulate and manage
local affairs independently, reflecting the principles of decentralization and
self-governance.
o Local governments are responsible for providing public services,
infrastructure, and social programs according to the needs of local
communities.
o Local administrations have fiscal autonomy, allowing them to manage their
own budgets and finances, which is crucial for the effective delivery of
local services.
 The relationship between local and central governments is established through
legal provisions that balance local autonomy with national interests,
promoting cooperation between different levels of government.
 Armed Forces and Civil-Military Relations

 The constitution addresses the role and structure of the Turkish Armed
Forces, emphasizing the importance of civilian control over the military.
 This provision is critical for the stability of a democratic state.

 The Turkish Constitution establishes the Turkish Armed Forces as the

guardian of the nation, as outlined in Article 117, emphasizing their role in
defending the country's territorial integrity and national security.
o Article 118 specifies that the Turkish Armed Forces operate under the
authority and command of the President, ensuring civilian control
over the military.
o The constitution prohibits military personnel from engaging in political
activities or affiliations, preventing military interference in the political
process (Article 58).
o Article 35 highlights the importance of the principle of "unified
command," reinforcing civilian oversight over the military hierarchy.
 This emphasis on civilian control over the military is a fundamental pillar of
Turkey's democratic system, preventing military intervention in the political
affairs of the state and maintaining stability.

Amendments and Constitutional Changes

 The constitution includes provisions for amending its content, outlining the
processes and requirements for making changes. This allows for the evolution
and adaptation of the constitution to meet the needs of a changing society.
o Proposal: Amendments to the constitution can be proposed by the
President, Members of Parliament (MPs), or through a petition signed by
at least 100,000 citizens (Article 175).
 o Parliamentary Approval: Proposed amendments must be approved by a
two-thirds majority in the National Assembly (Grand National Assembly of
Turkey).
o Referendum: If the National Assembly fails to reach the required two-
thirds majority, the proposed amendment can be put to a public
referendum, allowing citizens to vote on it.
o Approval by Referendum: For an amendment to be adopted, it must
receive a simple majority in the referendum.

Judicial Independence

The Turkish Constitution assigns an important role to the judiciary, emphasizing the
rule of law and the protection of individual rights. Some key aspects of the judiciary's
role as a feature of the Turkish Constitution include:

 Guardian of the Constitution: The judiciary, including the Constitutional

Court, has the responsibility of safeguarding the constitution's principles and
ensuring that all laws and government actions comply with the constitution.
 Protection of Rights: The judiciary is tasked with protecting individual rights
and freedoms. Turkish citizens have the right to seek remedies through the
courts if they believe their rights have been violated.
 Judicial Independence: The constitution promotes the independence of the
judiciary and ensures that judges and prosecutors are free from external
influence or interference. This independence is crucial for upholding the rule of
law.
 Checks and Balances: The judiciary acts as a check on the executive and
legislative branches. Courts have the authority to review the constitutionality of
laws and government actions and can annul those that violate the constitution.
o In 2018, the Constitutional Court invalidated a law that criminalized
insulting the president, citing violations of freedom of speech.
 o In 2020, the Constitutional Court annulled a law that authorized
government-appointed trustees to replace elected mayors, asserting that it
violated the democratic principles of local governance.
By: Mr. Imran Zahoor
PhD Scholar of IR
Contact for More CSS-PMS Material
WhatsApp: 0321-48003

State of Emergency and Temporary Rights Restrictions

 The constitution permits the declaration of a state of emergency under certain

circumstances, as outlined in Article 119. During such periods, certain rights and
freedoms may be temporarily suspended, following legal procedures and
safeguards, to address national crises while maintaining stability and security.
 Declaration of State of Emergency: The declaration of a state of
emergency is made by the President of Turkey, upon the proposal of the
Council of Ministers. This is outlined in Article 119 of the Turkish
Constitution.
 Approval by Parliament: The declaration of a state of emergency is subject
to parliamentary approval. The government is required to submit the
declaration to the Grand National Assembly of Turkey, which has the
authority to extend, shorten, or lift the state of emergency based on the
evolving situation. This parliamentary oversight is outlined in Article 120 of the
Constitution.
 Duration of State of Emergency: The Turkish Constitution does not specify
a fixed duration for a state of emergency. It can be extended or shortened by
the National Assembly based on the circumstances.
 International Obligations: The restrictions imposed during a state of
emergency must not violate Turkey's international human rights obligations,
particularly under the European Convention on Human Rights, which Turkey
is a party to.
o 2003 Southeastern Turkey bombings: In 2003, a series of bombings in
southeastern Turkey led to a state of emergency being declared in the
affected regions. The bombings were linked to the Kurdistan Workers'
Party (PKK), and the state of emergency allowed for military and
security forces to take extensive measures to combat the threat.
o 2015-2017 Kurdish conflict: In 2015, the Turkish government declared a
state of emergency in response to increased violence and clashes
between Turkish security forces and the PKK. This state of emergency
lasted until 2017 and allowed for heightened security measures and the
suspension of certain rights in the affected areas.
o 2007 Mardin riot: Following riots and clashes in Mardin, a city in
southeastern Turkey, a state of emergency was declared in the city in
2007. This allowed for the deployment of additional security forces and
the imposition of curfews to restore order.

By: Mr. Imran Zahoor

PhD Scholar of IR
Contact for More CSS-PMS Material
WhatsApp: 0321-4800309