Political science-ll Legitimate Series Constitution of Turkey

CONSTITUTIONAL DEVELOPMENTS IN THE TURKİSH

REPUBLİC

Synopsis:
Constitutional History of Turkey ........................................................................................... 2

Introduction: ........................................................................................................................ 2

1. The Constitution of 1876: ................................................................................................ 2

2. The Constitution of 1921: ................................................................................................ 2

3. The Constitution of 1924: ................................................................................................ 3

4.The Constitution of 1961: ................................................................................................. 3

5. Constitution of 1982:........................................................................................................ 4

WHATSAPP # FOR NOTES/03319200205 1

 Political science-ll Legitimate Series Constitution of Turkey

Constitutional History of Turkey

Introduction:
Constitution making has a long past, more than a century, in Turkish politics including
the late Ottoman period. The first constitution of the Ottoman Empire was adopted in 1876 and
revised in 1908. Since its founding, the modern Turkish state has been governed under four
constitutions The Constitution of 1921, 1924, 1961, 1982.

The current constitution is of 1982, the current constitution has seen many changes in
the Republic of Turkey, and it has been modified many times. It has 177 articles and 7 chapters.

1. The Constitution of 1876:

The first and the short-lived Ottoman Constitution of 1876 was written by members of
the Young Ottomans. The First Constitutional Era of the Ottoman Empire was the period of
constitutional monarchy. However, it was promulgated and lifted by the Sultan under pressure.
This constitution was amended and put into effect again by the majority of the reopened
Ottoman Parliament in 1908 and remained in effect until the Ottoman state automatically ended
in 1923 when the new Turkish Republic was established. It remained enact from 1876 to 1878
and then from 1908 to 1923

I. Written by:

It was written by the intellectual stateman, Mithad Pasha member of the Young
Ottomans.

II. Features:
• It transferred more power from the sultan and the appointed Senate to the generally
elected Chamber of Deputies
• Introduced bicameral legislature system
• Stated that Ottomans are equal before the law regardless race and religion.
• It was the first written constitution in the Muslim World.

2. The Constitution of 1921:

After the defeat of the Ottoman State in the First World War Mustafa Kemal Ataturk
organized an alternative government in Ankara to the Sultan’s royal government in Istanbul

WHATSAPP # FOR NOTES/03319200205 2

 Political science-ll Legitimate Series Constitution of Turkey

and opened the first National Assembly in Ankara in 1920 and promulgated first constitution
of the pre-Republican period of modern Turkish state in 1921. In October 1923, the constitution
was amended to declare Turkey to be a republic. It remained enact from 1921 to 1924

I. Written by:

The first Constitution of the pre-Republican period was written by Ataturk and his
fellow Ismet Pasha.

II. Features:
• This was a constitution for wartime and described only the main structure of the
government without any reference to rights and freedoms. It was a simple document
consisting of only 23 short articles.
• A new position “Presidency of Turkey” was created.

3. The Constitution of 1924:

1921’s constitution was short and flexible, formation of state required a more detailed,
rigid, and paramount text in order to met the need. The constitution of 1924 replaced the
Constitution of 1921. This constitution preserved the principle of national sovereignty and
strictly prohibited the amendments to the article specifying that Turkey is republic. It remained
enact from 1924 until 1960 coup defeat.

I. Written By:

Grand National Assembly of Turkey

II. Features:
• This new constitution had a novel part on fundamental rights of the citizens which
was mainly translated from the French Declaration of Human Rights.
• Introduced the principle of supremacy of constitution.

4.The Constitution of 1961:

It was introduced after the 1960 coup d'état, replacing the earlier Constitution of 1924.
It was approved in a referendum held on 9 July 1961 with 61.7% of the nation voting in favor.
It remained enact from1961 to 1982.

I. Written by:

Constituent Assembly which was composed of the military leaders.

WHATSAPP # FOR NOTES/03319200205 3

 Political science-ll Legitimate Series Constitution of Turkey

II. Features:
• The phrase social state was included in this Constitution for the first time.
• The new constitution also introduced the Senate, to form a bicameral system with the
National Assembly.
• It established Constitutional Court for the first time to exercise judicial review.

5. Constitution of 1982:
Because of nonstop political and economic crisis fed by the cold war, the constitution
of 1961 was not able to bring stability, thus the new constitution was ratified on 7 November
in 1982. It replaced the earlier Constitution of 1961. The constitution has been amended
nineteen times, three of them through a referendum. It is the current constitution of Republic
of Turkey. 1982 – Present.

I. Features:
• When it was promulgated, it gave military too much influence in political affairs
via the National Security Council. Turkish Armed Forces saw themselves as the
guardians of the secular and unitary nature of the Republic along with Atatürk's
reforms.
• It introduced Unicameral legislature (Grand National Assembly)

WHATSAPP # FOR NOTES/03319200205 4