Turkish Constitution
The intention of the Framers of the constitution was to ensure political stability and promotion of domestic tranquility and for this purpose they envisaged a quasi democratic structure that would suit to the needs of Turkish society. Hence people’s expectations and requirements of stable order are judiciously integrated within the framework of the constitution. Parliamentary system has been reinforced under a strong Presidency. Multiple party system has been allowed under the constitution, and constitutional protection provided to public liberties.
Salient Features
Preamble:
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 Kamalate 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. Some of these are, for instance secular educational system, wearing of hat by men, banning “Derveish Madaras” the presence of state officials at wedding ceremony, preservation of Turkish manuscript, prohibition of the use of such titles as Afandi, Pasha etc.
3. Balanced Separation of Powers:
The constitution stands paramount hence it is the source of all authority. Grand National Assembly is the supreme legislative organ while executive powers belong to the President and the Council of Ministers. The President controls on the one hand, the Council of Ministers and holds, somewhat superior position over the Prime Minister. He can exercise even such administrative powers in collaboration with the Cabinet, as are normally exercised exclusively by the Cabinet within a parliamentary form of government. The President also plays vital role even in legislation. He can not only block the way of legislation rather is authorized to dissolve the National Assembly.
All judicial powers are assigned to the courts established within the constitutional framework. A comprehensive and well-knit distinct system comprising military and administrative courts operate side by side with the normal state courts. Hence a balance has been maintained between the requirements of traditional parliamentary patterns and the features of autocratic military rule.
4. Parliamentary System:
The system of government in one sense can be termed parliamentary as the Prime Minister and other ministers are taken from the National Assembly and are held accountable to it and to the President. The latter is fully authorized to remove any of the ministers. The Cabinet is collectively accountable to the National Assembly.
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.