Constitution of Turkey

Constitution of Turkey
Constitution name	Constitution of Turkey
Country	Turkey
Created	1982
Ratified	November 7, 1982
Date enacted	November 9, 1982
System	Unitary state
Chambers	Grand National Assembly of Turkey

Constitution of Turkey. The Constitution of Turkey was adopted on November 7, 1982, and it came into effect on November 9, 1982, replacing the Constitution of 1961. The current Turkish Constitution was drafted by the National Security Council and approved by a referendum with the support of Kenan Evren, the President of Turkey at that time, and Turgut Özal, the Prime Minister of Turkey. The Constitution has undergone several amendments, including those in 1993, 1995, 2001, 2004, 2007, and 2010, with the aim of aligning Turkey's laws with those of the European Union and improving human rights in the country, as recommended by the European Court of Human Rights and the Council of Europe.

History of the Constitution

The history of the Constitution of Turkey dates back to the Ottoman Empire, with the Tanzimat reforms and the adoption of the Kanun-i Esasi in 1876, which was influenced by the French Constitution and the Belgian Constitution. The Kanun-i Esasi was suspended by Abdülhamid II in 1878 but was reinstated with the Young Turk Revolution in 1908, led by the Committee of Union and Progress. The Constitution of 1921 was adopted after the Turkish War of Independence, led by Mustafa Kemal Atatürk, and it established Turkey as a secular and democratic state, with the principles of laicism and republicanism. The Constitution of 1961 was adopted after the 1960 Turkish coup d'état, led by the National Unity Committee, and it introduced a bicameral legislature and a Constitutional Court. The current Constitution was adopted in 1982, after the 1980 Turkish coup d'état, led by Kenan Evren, and it has undergone several amendments, including those in 2017, which were approved by a referendum with the support of Recep Tayyip Erdoğan, the President of Turkey.

Preamble and Principles

The preamble of the Constitution sets out the principles of the Turkish state, including laicism, democracy, and national sovereignty, as established by Mustafa Kemal Atatürk and the Turkish War of Independence. The Constitution is based on the principles of human rights, as defined by the Universal Declaration of Human Rights and the European Convention on Human Rights, and it guarantees the rights and freedoms of all individuals, regardless of their ethnicity, religion, or language, as protected by the European Court of Human Rights and the Council of Europe. The Constitution also establishes the principle of secularism, which separates the state from religion, as established by the Treaty of Lausanne and the Treaty of Sèvres. The principle of democracy is also enshrined in the Constitution, which provides for free and fair elections, as monitored by the Organization for Security and Co-operation in Europe and the European Union.

Organizational Structure

The Constitution establishes a unitary state with a presidential system, as established by the 2017 Turkish constitutional referendum, which was supported by Recep Tayyip Erdoğan and the Justice and Development Party. The Grand National Assembly of Turkey is the unicameral legislature of Turkey, composed of 600 members, who are elected by proportional representation for a term of five years, as established by the Electoral Law of Turkey. The President of Turkey is the head of state and the head of government, and is elected by popular vote for a term of five years, as established by the Presidential Election Law of Turkey. The Constitution also establishes an independent judiciary, with a Constitutional Court and a Supreme Court, as established by the Judicial Organization Law of Turkey.

Individual Rights and Freedoms

The Constitution guarantees a range of individual rights and freedoms, including the right to life, liberty, and security of person, as protected by the European Convention on Human Rights and the Universal Declaration of Human Rights. The Constitution also guarantees the right to freedom of thought, conscience, and religion, as established by the Treaty of Lausanne and the Treaty of Sèvres. The right to freedom of expression is also guaranteed, as protected by the European Court of Human Rights and the Council of Europe. The Constitution prohibits torture and cruel, inhuman, or degrading treatment, as established by the United Nations Convention Against Torture and the European Convention on Human Rights. The Constitution also guarantees the right to a fair trial, as established by the European Convention on Human Rights and the Universal Declaration of Human Rights.

Amendments and Revisions

The Constitution has undergone several amendments and revisions since its adoption in 1982, including those in 1993, 1995, 2001, 2004, 2007, and 2010, with the aim of aligning Turkey's laws with those of the European Union and improving human rights in the country, as recommended by the European Court of Human Rights and the Council of Europe. The amendments have been made to strengthen the protection of human rights, to improve the independence of the judiciary, and to enhance the accountability of the government, as established by the European Convention on Human Rights and the Universal Declaration of Human Rights. The 2017 Turkish constitutional referendum introduced significant changes to the Constitution, including the establishment of a presidential system and the abolition of the office of the Prime Minister, as supported by Recep Tayyip Erdoğan and the Justice and Development Party.

Judicial Review and Enforcement

The Constitutional Court is responsible for judicial review and the enforcement of the Constitution, as established by the Judicial Organization Law of Turkey. The Constitutional Court has the power to review the constitutionality of laws and regulations, as well as the actions of the government and the legislature, as established by the Constitutional Court Law of Turkey. The Constitutional Court is composed of 15 members, who are appointed by the President of Turkey and the Grand National Assembly of Turkey, as established by the Constitutional Court Law of Turkey. The Constitution also establishes the Supreme Court as the highest court of appeal, as established by the Judicial Organization Law of Turkey. The Supreme Court is responsible for ensuring that the laws are applied consistently and that the rights of individuals are protected, as established by the European Convention on Human Rights and the Universal Declaration of Human Rights.

Category:Constitutions