Part one: Founding principles The Constitution asserts that Turkey is a
secular (
2.1) and
democratic (
2.1)
republic (
1.1) that derives its
sovereignty (
6.1) from the people. The sovereignty rests with the Turkish Nation, who delegates its exercise to an elected unicameral parliament, the
Turkish Grand National Assembly. The
Article 4 declares the immovability of the founding principles of the Republic defined in the first three Articles and bans any proposals for their modification. The
preamble also invokes the principles of
nationalism, defined as the "material and spiritual well-being of the Republic". The basic nature of Turkey is
laïcité (
2),
social equality (
2),
equality before law (
10),
the Republican form of government (
1), the indivisibility of the Republic and of the Turkish Nation (
3.1)." Thus, it sets out to found a
unitary nation-state based on the principles of
secular democracy. Fundamental Aims and Duties of the State is defined in
Article 5. Constitution establishes a
separation of powers between the Legislative Power (
7.1), Executive Power (
8.1), and Judicial Power (
9.1) of the
state. The separation of powers between the
legislative and the
executive is a loose one, whereas the one between the executive and the legislative with the
judiciary is a strict one.
Part Two: Individual and Group Rights Part Two of the constitution is the
bill of rights.
Article Twelve guarantees "fundamental rights and freedoms", which are defined as including the: •
Article 17: Personal Inviolability, Material and Spiritual Entity of the Individual (
right to life) •
Article 18: Prohibition of Forced Labour •
Article 19: Personal Liberty and Security (
security of person) •
Article 20: Privacy of Individual Life •
Article 21: Inviolability of the Domicile •
Article 22: Freedom of Communication •
Article 23: Freedom of Residence and Movement •
Article 24: Freedom of Religion and Conscience •
Article 25: Freedom of Thought and Opinion •
Article 26: Freedom of Expression and Dissemination of Thought •
Article 27: Freedom of Science and the Arts •
Article 35:
Right to property Article Five of the Constitution sets out the ''
raison d'être'' of the Turkish state, namely "to provide the conditions required for the development of the individual's material and spiritual existence". Many of these entrenched rights have their basis in international
bills of rights, such as the
Universal Declaration of Human Rights, which Turkey was one of the first nations to ratify in December 1948.
Equality of citizens is placed in
Ankara. Besides the provisions establishing Turkey as a secular state,
Article 10 goes further with regard to equality of its citizens by prohibiting any discrimination based on their "
language,
race,
color,
sex,
political opinion, philosophical convictions or
religious beliefs" and guaranteeing
their equality in the eyes of the law. Borrowing from the French Revolutionary ideals of the nation and the Republic, Article 3 affirms that "The Turkish State, with its territory and nation, is an indivisible entity. Its language is
Turkish". Article 66 defines a Turkish civic identity: "everyone bound to the Turkish state through the bond of citizenship is a Turk".
Freedom of expression Article 26 establishes
freedom of expression and Articles 27 and 28 the freedom of the press, while Articles 33 and 34 affirm the freedom of association and
freedom of assembly, respectively.
Group rights Classes are considered irrelevant in legal terms (A10). The Constitution affirms the right of workers to form
labor unions "without obtaining permission" and "to possess the right to become a member of a union and to freely withdraw from membership" (A51). Articles 53 and 54 affirm the right of workers to
bargain collectively and to
strike, respectively.
Part three: Fundamental organs is the last instance for reviewing verdicts given by courts of criminal and civil justice in Turkey.
Legislative power Article Seven provides for the establishment of a
unicameral parliament as the sole organ of expression of sovereign people. Article Six of the Constitution affirms that "sovereignty is vested fully and unconditionally in the nation" and that "the Turkish Nation shall exercise its sovereignty through the authorised organs as prescribed by the principles laid down in the Constitution". The same article also rules out the delegation of sovereignty "to any individual, group or class" and affirms that "no person or agency shall exercise any state authority which does not emanate from the Constitution". Article 80 (A80) affirms the principle of
national sovereignty: "members of the Turkish Grand National Assembly represent, not merely their own
constituencies or
constituents, but the
Nation as a whole".
Part Three, Chapter One (Articles 75–100) sets the rules for the
election and functioning of the Turkish Grand National Assembly as the legislative organ, as well as the conditions of eligibility (A76),
parliamentary immunity (A83) and general legislative procedures to be followed. Per Articles 87 and 88, both the government and the parliament can propose laws, however it is only the parliament that has the power to enact laws (A87) and ratify
treaties of the Republic with other sovereign states (A90). The
President of the Republic is elected by
direct election and has an executive role as the
Head of State, "representing the Republic of Turkey and the unity of the Turkish Nation" (A104). The President was elected by the parliament until 2007, and had a ceremonial role until 2017.
Judiciary is a courthouse in the
Şişli district of
Istanbul. Article Nine affirms that the "
judicial power shall be exercised by independent
courts on behalf of the Turkish Nation".
Part Four provides the rules relating to their functioning and guarantees their full independence (A137-140). The judiciary conforms to the principle of
separation of powers not only through its independence from the
executive and
legislative branches of government but by being divided into two entities,
Administrative Justice and Judicial Justice, with the
Danıştay (The Council of State) the
highest court for the former (A155) and
Yargıtay (High Court of Appeals) the highest court for the latter (154).
Part Four, Section Two allows for a
Constitutional Court that rules on the conformity of
laws and
governmental decrees to the Constitution. It may hear cases referred by the President of the Republic, the government, the
members of Parliament (A150) or any
judge before whom a constitutional issue has been raised by a
defendant or a
plaintiff (A152). The Constitutional Court has the right to both
a priori and
a posteriori review (respectively, before and after enactment), and can invalidate whole laws or decrees and ban their application for all future cases (A153). in Ankara
Executive Per Article Eight, the executive power is vested in the President of the Republic and the Council of Ministers.
Part Three, Chapter One, Section Two (Articles 109–116) lays out the rules for the confirmation and functioning of the executive, consisting of the President of the Republic and the
Council of Ministers (A109). Executive power was shared between
the Prime Minister and the Council of Ministers until 2017.
Part Three, Chapter Two, Section Four organizes the functioning of the central administration and certain important institutions of the Republic such as its
universities (A130-132),
local administrations (A127), fundamental
public services (A128) and
national security (A117-118). Article 123 stipulates that "the organisation and functions of the administration are based on the principles of
centralization and local administration".
National security The
Turkish Armed Forces (TAF) are subordinate to the President, in the capacity of Commander-in-Chief. The
Chief of General Staff of the TAF is responsible to the President in the exercise of his functions, and the latter is responsible, along with the rest of the Council of Ministers, before the parliament (A117).
National Security Council is an advisory organization, comprising the
Chief of General Staff, the four main Commanders of the TAF, the President and select members of the Council of Ministers, to develop the "national security policy of the state" (A118).
Revision and amendments In Article 175, it also sets out the procedure of its own
revision and amendment by either
referendum or a
qualified majority vote of 2/3 in the National Assembly. It does not recognize the right to popular initiatives: Only the members of Parliament can propose modifications to the Constitution. A revision of the Constitution was approved on September 13, 2010, by a 58 percent approval given by the 39 million people who voted. The change would allow the National Assembly to appoint a number of high-court judges, would reduce the power of the military court system over the civilian population and would improve human rights. The changes also remove the immunity from prosecution the former leaders of the early 1980s military coup gave themselves. == Critique ==