T U R K E Y By an overwhelming vote, the people of Turkey in 1982 adopted a new constitution that

strengthens presidential authority and confirms the ideals of Mustafa Kemal Atatürk, the
father of modern Turkey.

General Information The Republic of Turkey is approximately 781,000 square kilometers and is bounded on the
north by the Black Sea; on the south by the Mediterranean Sea, Syria, and Iraq; on the west
by the Aegean Sea, Greece, and Bulgaria; and on the east by Georgia, Armenia, and Iran.
About 3 percent of the country’s territory is located across the Sea of Marmara in European
Turkey, and a significant minority population lives on the partitioned island of Cyprus.
Ankara is the capital.
The country’s major industries include textiles, food processing, and mining; among its
chief crops are cotton, tobacco, olives, and sugar beets. Turkey, a predominantly Sunni
Muslim land, has, so far, been able to maintain a secular government and political system
in the midst of a strongly Islamic society.

Type of Government: Presidential-style parliamentary republic, with a president, a prime

Dates of Constitutions: 1876 (abrogated in 1878 and restored in 1908), 1921, 1924, 1961, and 1982

Constitutional History Anatolia, as the Greeks called that portion of the Byzantine Empire taken by the Turks in
the eleventh century a.d., may have been the site of the world’s first urban settlement. In
the eighth century b.c., however, the Huns became the first Turkish tribe to settle in the
land of Troy. In the sixth century a.d. the Gokturks moved in, followed shortly by the
Uygurs.
The Seljuk Empire, established in the eleventh century, was influenced by Persian intel-
lectuals and administrators. After the fall of the Byzantine capital of Constantinople
(now Istanbul) in 1453, the Ottoman Empire held the territory until after World War I.
During this period, government administration was completely integrated with the
Islamic religion; the codified Islamic system of justice (shari’a), together with the sultan
as absolute monarch and God’s representative on earth, constituted the source of all law.
In addition to the Qur’an, other guidelines based on custom and derived from the sayings
and behavior of Muhammad and his companions (Sunna) came to be used as sources of
shari’a. (After 1923 the legal system was reformed along European lines to conform to the
ideals and goals of Mustafa Kemal Atatürk—“Father Turk”—Turkey’s president from 1923
to 1938.)
Toward the end of the eighteenth century an advisory assembly of the sultan’s, the
Meclis-i-Meshveret, was created. In 1808 the sultan’s power was limited by a charter of
alliance, which also delegated some authority to a body called the Ayan. Unilateral decla-
rations by the sultan such as the rescripts of Tanzimat in 1839 and of Islahat in 1856 estab-
lished other reforms, including an extension of basic human rights. Further reforms culmi-
nated in a 1876 constitution, which included basic rights for the people, independence for
the judiciary, and a parliamentary system of government. Absolute rule was reestablished
in 1878, but the constitution was restored in 1908. After its defeat in World War I the
Ottoman Empire collapsed and the country was occupied by troops of the victors.
On January 20, 1921, an elected assembly adopted a radically di∑erent constitution that
vested legislative power in a parliament and executive power in an executive council
elected from the members of the parliament, similar to the present Swiss model. This
system of government, which had no head of state, was modified a year after the parliament

454 T U R K E Y
established the Republic of Turkey on October 29, 1923, but a 1924 constitution retained
the main features of the previous document. A new constitution adopted in 1961 proved
ine∑ective, and political instability and civil violence led to intervention by the Turkish
military in 1971 and 1980.
The present constitution, approved by 91.4 percent of the voters and promulgated on
November 9, 1982, attempts to prevent a recurrence of the previous government’s instability
and civil unrest by expanding the role of the president and to some extent limiting the
rights of individuals and associations that could undermine unity and security. While
retaining the basic structure of government of its predecessor, the 1982 constitution also
abolished the upper house of the legislature. An amendment in 1995 lowered the voting age
from twenty to eighteen years. The constitution was amended in 2001, 2002, 2003, and 2004,
with particular emphasis on harmonizing the document with requirements for member-
ship in the European Union.

The 1924 constitution was influenced by French democratic principles. Atatürk’s reforms Influences
have had an impact on Turkey’s constitutional development since the 1920s.

The preamble to the constitution of the Republic of Turkey, as amended in 1995, contains T H E C O N S T I T U T I O N
a recital of its history and the ideals it embraces, including specific reference to Atatürk as
the founder of the republic, his concepts of nationalism, and the admonition that “no
thought or consideration contrary to the Turkish national interests, the principle of indi-
visible integrity of the Turkish existence with its state and territory, Turkish historical and
moral values, and the nationalism, principles and reforms and modernization of Atatürk
can be protected. . . .”
Article 2 declares that “the Republic of Turkey is a democratic, secular and social state
governed by the rule of law; bearing in mind the concepts of public peace, national soli-
darity and justice; respecting human rights; loyal to the nationalism of Atatürk, and based
on the fundamental tenets set forth in the preamble.”

Fundamental rights and freedoms apply to Turkish citizens. The rights and freedoms Fundamental Rights
applicable to foreigners are to be determined by reference to international law. By amend-
ment in 2004, article 10 now provides: “Men and women have equal rights. The state is
responsible to implement this right.”
Article 12 states: “Everyone possesses inherent fundamental rights and freedoms which
are inviolable and inalienable. The fundamental rights and freedoms also include duties
and responsibilities of the individual toward society, his family and other individuals.”
Following this article are restrictions, prohibitions of abuse, and conditions for suspension
of fundamental rights and freedoms. Article 14, for example, prohibits the exercise of
rights and freedoms “with an aim of violating the indivisible integrity of the state . . . or
creating discrimination on the basis of language, race, religion or sect, or of establishing by
any other means a system of government based on these concepts.”
Citizens are granted the right to life; the right to protect and develop the material and
spiritual entity of the individual; the right to personal liberty, security, and privacy of
individual and family life and of domicile; and freedom of communication, residence,
movement, religion, conscience, thought, opinion, expression, science, the arts, the press,
assembly, and association. The right of property ownership and procedural rights in court
are also guaranteed. The constitution establishes and defines social and economic rights
and duties, such as protection of the family and the right and duty of training and educa-
tion, and political rights and duties, such as the right to vote, to be elected, to engage in
political activity independently or in a political party, and to take part in a referendum.

T U R K E Y 455
Division of Powers Turkey is a unitary state, in which power is divided among the president, as head of state; the
prime minister, as head of government; the legislature; and the courts, which include a
constitutional court that exercises limited constitutional review.

The Executive President. The president of the republic is elected for a seven-year term by a two-thirds
majority vote of the total members of the legislature and by secret ballot. Candidates may be
selected from those members of the legislature who are at least forty years old and have
completed their higher education, or from among other Turkish citizens who fulfill these
requirements and are otherwise eligible to be members of the legislature. The nomination
of a candidate who is not a legislator requires a written proposal by at least one-fifth of the
members. A president may not be reelected. If he or she is a member of a political party, rela-
tions with the party, as well as membership in the legislature, must cease.
As head of state, the president represents the country and the unity of the nation and
ensures the implementation of the constitution and the regular and harmonious func-
tioning of the government. The president’s duties include delivering the opening address
each year to the legislature, if he or she deems it necessary; summoning the legislature to
meet, when necessary; promulgating laws; returning laws to the legislature for reconsider-
ation; submitting proposed amendments for referendum, if he or she deems it necessary;
submitting appeals to the constitutional court on questions of the constitutionality of laws,
decrees, and procedures of the parliament; and calling new parliamentary elections.
The president also appoints the prime minister and accepts his or her resignation; appoints
and dismisses ministers as proposed by the prime minister; presides over the council of
ministers and calls it to meet whenever he or she deems it necessary; accredits and receives
diplomats; ratifies and promulgates international treaties; represents the o≈ce of commander
in chief on behalf of the legislature and appoints the chief of the general sta∑; presides over
the national security council and calls it to meet; proclaims a state of martial law or emer-
gency and issues decrees having the force of law in accordance with decisions of the council
of ministers; signs decrees; remits sentences; appoints the chair and members of the state
supervisory council and instructs it to carry out inquiries, investigations, and inspections; and
appoints members of the higher education council and rectors of universities.
The president’s powers and duties also include appointing high o≈cials of the government,
including members of the constitutional court, one-fourth of the members of the council of
state, and the chief and the deputy chief public prosecutor of the high court of appeals.
Decrees of the president, with some exceptions, must be countersigned by the prime
minister and the appropriate minister, who will be accountable for the decrees. Decrees
signed only by the president may not be questioned by any court.
The president may be impeached for high treason on the proposal of at least one-third of
the members of the legislature and a decision of at least three-fourths of the total number
of members.

Prime Minister and Cabinet. The council of ministers (cabinet) is composed of the prime
minister, who is appointed by the president from among the members of the legislature, and
other ministers, who are nominated by the prime minister from among the members of the
legislature or those eligible to be elected to that body and who are appointed by the presi-
dent. A majority of the members of the legislature present must give the new government
program as presented to them and the council a vote of confidence after it is formed, and
votes of confidence may be requested later by the prime minister.
The prime minister, as chair of the council of ministers, ensures the ministers’ coopera-
tion and the exercise of their functions in accordance with the constitution and the laws and
supervises implementation of the government’s general policy.

456 T U R K E Y
 Members of the council of ministers are jointly responsible for the implementation of this
policy. Each minister is individually responsible to the prime minister and also responsible
for the conduct of a∑airs under his or her jurisdiction and for the acts and activities of
subordinates.

National Security Council. Article 118, as amended in 2001, establishes a national security
council “composed of the prime minister, chief of the general sta∑ [who is the commander
of the armed forces], ministers of national defense, internal a∑airs, and foreign a∑airs, the
commanders of the army, navy and the air force and general commander of the [security
forces], under the chairmanship of the president of the republic.” The national security
council is charged with giving its views to the council of ministers “with regard to the
formulation, establishment, and implementation of the national security policy of the
state.”

Parliament. By amendment in 1987, the unicameral parliament called the Türkiye Büyük The Legislature
Millet Meclisi (grand national assembly) is composed of 550 deputies elected by universal
su∑rage for five-year terms, unless the assembly or the president, in accordance with provi-
sions of the constitution, decides to hold elections sooner.
Article 76 states that every Turk over the age of thirty is eligible to be elected a deputy;
however, a number of limitations and disqualifications are enumerated. Article 79 requires
elections to be held under the general supervision of judicial bodies, and a supreme election
council, whose decisions are unreviewable, is established to ensure orderly and fair elections.
Deputies must represent the entire nation, not just their own constituencies, and they are
prohibited from holding positions that might pose a conflict of interest. As in Thailand,
political parties are expressly referred to in the constitution, and switching parties, as well as
other activities, may result in expulsion after an absolute majority vote.
The basic functions and powers of the assembly are set forth in article 87:
The functions and powers of the Turkish Grand National Assembly comprise the enactment, amendment, and
the repeal of laws; the supervision of the council of ministers and the ministers; authorization of the council
of ministers to issue governmental decrees having force of law on certain matters; debating and approval of
the budget draft and the draft law of the final accounts; making decisions regarding printing of currency and
declaration of war; ratifying international agreements; deciding on the proclamation of amnesties and pardons
excluding those who have been convicted for activities set out in article 14, regarding prohibition of abuse of
fundamental rights and freedoms, of the constitution; and exercising the powers and executing the functions
envisaged in the other articles of the constitution.

Bills may be introduced by the council of ministers and members of the assembly. The
rules for drafting bills and debating measures are to be established by the assembly. The
assembly may authorize the council of ministers to issue decrees having the force of law, but
these decrees may not infringe certain fundamental or individual rights or duties established
by the constitution.
The constitution requires that international treaties and other agreements of more than
one year in duration be adopted by the assembly. According to article 90, “[i]nternational
agreements duly put into e∑ect carry the force of law. No appeal to the constitutional court
can be made with regard to these agreements on the ground that they are unconstitutional.”
The constitution gives the assembly the authority to supervise the government through
interpellation, or questioning the prime minister and other ministers. The assembly may
also act on the request of one-tenth of the members to formally investigate matters
concerning the prime minister or other ministers. Under article 100 political parties are
forbidden to discuss or make decisions relating to an investigation.

T U R K E Y 457
The Judiciary With a few major exceptions the organization and procedures of the courts are to be regu-
lated by law, and generally court hearings must be open to the public.
According to article 154, the high court of appeals has final review of decisions by the
courts of justice that are not referred by law to another judicial authority. In addition to judi-
cial or criminal courts, there are courts of military justice, including the military high court
of appeals; a high military administrative court of appeals, which is a court of first and last
instance for the judicial supervision of disputes arising from administrative acts and actions
relating to military personnel or service, even if carried out by civilians; the council of
state, which both advises the government and rules on administrative and tax cases; an audit
court, which acts as the watchdog for the parliament with respect to the budget, revenue,
expenditures, and government property; and the constitutional court.
The judiciary is declared to be independent, and all government authorities are directed
to comply with court decisions. Judges and prosecutors serve until the retirement age of
sixty-five and are supervised by a supreme judicial council of judges and prosecutors,
chaired by the minister of justice.

Constitutional Court. A constitutional court was established in 1961 to ensure that laws
conform to the constitution. It decides on certain specific questions regarding the uncon-
stitutionality of laws. The court consists of eleven members and four substitutes. The consti-
tutional court also tries the president of the republic or other high o≈cials for o∑enses
relating to their functions.

Amending the Constitution One-third of the members of the legislature may propose, in writing, a constitutional
amendment, which must be debated twice in plenary session and adopted by secret ballot by
a three-fifths majority of all the members. If the president returns the amendment for
reconsideration and the assembly adopts it by a two-thirds majority, the president may call
for a referendum. If it “is adopted by a three-fifths vote or less than a two-thirds majority of
the total votes” of the legislature and is not referred by the president for further considera-
tion, then it must be submitted to a referendum.

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