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Salient Features of Turkish Constitution

The Turkish constitution of 1982 is a lengthy document with 177 articles divided into 7 chapters. It establishes Turkey as a secular democratic republic and sets up a presidential-parliamentary system of government. The constitution can be amended by a two-thirds majority vote in the unicameral Turkish Grand National Assembly. It guarantees fundamental rights and freedoms while also allowing for states of emergency and martial law.

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Hamza Bilal
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10K views

Salient Features of Turkish Constitution

The Turkish constitution of 1982 is a lengthy document with 177 articles divided into 7 chapters. It establishes Turkey as a secular democratic republic and sets up a presidential-parliamentary system of government. The constitution can be amended by a two-thirds majority vote in the unicameral Turkish Grand National Assembly. It guarantees fundamental rights and freedoms while also allowing for states of emergency and martial law.

Uploaded by

Hamza Bilal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Salient Features of Turkish Constitution

Introduction:
The constitution of 1982 is a lengthy document comprising 177 articles divided into seven
chapters. According to the Preamble, this document truly manifests the aspirants of the
Turkish nation and the values and beliefs based on Kemalist’s culture legacy. Turkey has
been declared a modern secular polity in which religious beliefs have nothing to do with
politics. The constitution ensures the protection of fundamental rights to all without any
discrimination, while Turkish language has been declared as official language.

1. Supremacy of the Constitution:


The constitution recognizes the sovereignty of the popular will which finds its exposition
through established institutions. The constitution stands paramount and it ensures
national independence, its solidarity, democracy, peace and tranquility.

2. Amendment in the Constitution:


The constitution is partly flexible and partly rigid in the sense that different procedure is
required for constitutional amendment, than the one adopted for alterations in statutes.
The Grand National Assembly is authorized to initiate proposals for amending the
constitution with the support of its one third members and can be ratified by two thirds
majority. It is worth pointing out that the reforms introduced by Ataturk, which are
regarded as the ideological and cultural legacy of the Founder, are exempt from
alterations.
3. Presidential-cum-Parliamentary system:
The Turkish Constitution is neither completely a Presidential, nor it is wholly a
parliamentary one. The President is elected by the masses directly and enjoys vast
powers. He appoints Prime Minister and the ministers. In the meantime, the constitution
also gives vast powers to Government headed by the Prime Minister. The Prime Minister
is the head of the government. He along with his ministers is responsible to the Turkish
Grand National Assembly. This responsibility makes Turkish Constitution a parliamentary
one. Thus, the Turkish Constitution provides presidential-cum-parliamentary
Government.

4. Unitary System:
Another salient feature of the Constitution of Turkey is that it provides unitary form of
government. In Turkey powers are concentrated in the hands of the Central Government.
There are local governments for the convenience of the smooth administration, yet they
derive their powers from the Central Government and as such are subordinate to the
same in all respects. They are mere agents of the Central Government.

5. Unicameral Legislature:
Turkish Grand National Assembly has been indefeasible part of its political legacy. It was
on the basis of its religious decree (Ijma) that Ataturk had pronounced the abolition of
“Khilafat”. Its central and pivotal position has been preserved within the present
constitutional setup as well. National Assembly is elected for a period of five years, which
can be extended or minimized under extraordinary circumstances. Apart from its position
as the supreme law-making body it is vested with the power to control the executive, as
most of the ministers are its members. The Assembly also ratifies the treaties made with
foreign governments.

6. Judicial System:
The constitution ensures the independence of courts and the judges are given security of
service in addition to many other privileges. Proper safeguards have been provided to
preserve the integrity and dignity of judges. The courts exercise the power of judicial
review over all actions of the administration.

7. Rights and obligations:


A list of fundamental rights has been incorporated in the 2nd part of the constitution. The
underlying philosophy of fundamental rights has been made subservient to the
requirements of justice, fair play and secular ideology of Turkey. The enforcement of
fundamental rights can be suspended partially or completely, as the circumstances so
demand, during a period of emergency, mobilization, war or Martial Law. Some of the
important fundamental rights are: right to life, personal security, security against
servitude, right to privacy, freedom of movement, freedom of expression, freedom of
conscience and press, right to form associations, hole public meetings, organize
demonstrations within the limits of law, right to private ownership, right to earn one’s
livelihood etc.

8. Right to form Political Parties:


The constitution recognizes the right of all citizens of 21 years or above to form political
parties and join or leave their membership. Nevertheless, only such political parties can
be formed as pledge to adhere to secular ideology and promote national solidarity.
Formation of a new political party is subject to the permission granted within the limits
of law. Parties are required to observe rules and norms provided in the Political Parties
Act; hence no party can be formed on the basis of religion. Every political party is
registered entity which is not permitted to give financial help nor receive from any trade
union or interest group. The constitutional court is fully competent to make decision
regarding banning any political party.
9. Proclamation of Emergency:
Under the circumstances of acute political unrest or economic disruption, emergency may
be proclaimed in any part or in the whole of the country. The Council of Ministers can
make as announcement to this effect. Such Proclamation shall be valid for a period not
exceeding six months.

10. Imposition of Martial Law:


To incorporate provisions regarding the possibility of imposing Martial Law within
democratic constitutional framework is a peculiar feature. Turkish constitution provides
that under extraordinary circumstances beyond the control of the civil government,
Martial Law may be imposed. Hence the President in the Council of Ministers can
announce this step for the whole of the country or any part thereof for a period not
exceeding six months. Such a pronouncement is required to be submitted before the
National Assembly for its approval and in case it is not in session, special session shall be
convened. The latter is fully competent to make alterations in the period of its
enforcement or repeal it.

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