Development of Constitutional Movements in Turkey
Constitutional movements in the Ottoman Empire began during the second half of the 19th century as a result of the decline of the Ottoman societal system, influence from Western European socioeconomic and political developments, and the emergence of an enlightening in the Ottoman Empire . The constitutional movements were top-down in contrast to those in Western countries.
Two major steps toward a constitutional government were the Rescript of Tanzimat in 1839 and that of Islahat in 1856. The rescripts were unilateral declarations and recognition by the Sultan of certain basic human rights. These rescripts also paved the way for the promulgation of the first Ottoman Constitution in 1876. The 1876 Constitution provided certain mechanisms checking the absolute power of the Sultan. It created a legislative assembly that was partially elected by the people. In 1909, the 1876 Constitution was substantially amended to increase the powers of the legislature and to restrict those of the Sultan fin order to develop a democratic monarchical political system similar to what was found at the time in Western European societies.
The 1921 Constitution, established during the War of Independence, was heavily influenced by the conditions of the time and proclaimed the principle of national sovereignty. As an expression of the radical revolutionary transformation in the Turkish society, the constitution called for a Grand National Assembly to act as the sole and true representative of the nation. The assembly government system endowed all the powers of sovereignty to the parliament.
1924 Constitution
The Republic of Turkey adopted its first constitution in 1924. It retained the basic principles of the 1921 Constitution, notably the principle of national sovereignty. As in the 1921 Constitution, the Turkish Grand National Assembly (TGNA) was considered to be the "sole representative of the nation." The 1924 Constitution provided for a continuation of the parliamentary system. Both the legislative and executive powers were embodied in the Assembly. Although the Assembly had the power to supervise and dismiss the Government, neither the Government nor the President had the authority to dissolve the parliament. The 1924 Constitution can be characterized as a step toward a parliamentary system. The Assembly was able to exercise executive power through the President and the Council of Ministers. In other words, there was a clear separation of powers. Meanwhile, the collective responsibility of the ministers before the Assembly was also adopted. The principle that the President must not bear any political responsibility was another feature of the 1924 Constitution. The judiciary was totally separated from the legislative and executive bodies. Judicial power was to be exercised by independent courts on behalf of the nation.
1961 Constitution
The second constitution of the Republic of Turkey was adopted in 1961. In its macro-societal dynamics, the 1961 Constitution represented a positive response to the influence of the rising tide of the left and social state in the world and the semi- industrialized status of economy in Turkey . Consequently, it established a constitutional system within the framework of social state, rule of law and a parliamentarian democratic governmental system.
The 1961 Constitution introduced a bicameral parliament. The National Assembly, one of the parliamentary chambers, consisted of 450 deputies elected by universal suffrage. The other chamber, known as the Senate of the Republic, included 150 members elected by universal suffrage. Additionally it included 15 members appointed by the President, consisting of former presidents, and members of the Committee of National Unity that came to power on May 27, 1960. The National Assembly had the final say in the law-making process.
In the exercise of executive power the President symbolically represented the unity and integrity of the State. The Prime Minister and the Ministers made up the Council of Ministers, who bore political responsibility for the use of this power.
The 1961 Constitution fully separated the judiciary, the executive, and the legislative branches under the principle of the separation of powers. In this system, details regarding the security of judges, as well as matters related to the full freedom and independence of the courts, and the positions of the judges and public prosecutors were turned over to the "High Council for Judges and Public Prosecutors." Furthermore, the concept of the " Constitutional Court " was first introduced with the 1961 Constitution in accordance with its aim of establishing a fully developed concept of the rule of law.
1982 Constitution
The third constitution of the Republic of Turkey , in effect today's constitution, was adopted in 1982. According to the 1982 Constitution, unconditional and unrestricted sovereignty is vested in the nation. It has been stipulated that the TGNA can convene with one-third of the total number of members to prevent parliamentary deadlocks. The TGNA can make decisions with an absolute majority of those present; however, the quorum for decisions can, under no circumstances, be less than a quarter plus one of the total number of members. The fundamental change in the legislature by the 1982 Constitution was the abolition of the Senate of the Republic. While the President of the Republic and the Council of Ministers carry out executive functions, independent courts exercise the judicial power. Article 2 of the Constitution describes the Republic as a democratic, secular, and social state governed by the rule of law.
The Constitution states that all Turkish citizens are united in national honor and pride, national joy and grief, their rights and duties towards the national entity, blessings and burdens, and in every manifestation of national life. The Constitution stipulates that the Republic of Turkey is committed to the nationalism of Atatürk. It also states that the Turkish State is an indivisible whole with its territory and nation. Democracy is obtained and preserved through state administration's adherence to law that limits the legislative and executive powers and provides a balance between the three powers.
Judicial review of administrative acts and the constitutionality of the laws are considered sine qua non for the rule of law. Further safeguards for the rule of law in the 1982 Constitution are the non-retroactivity of criminal laws, the legal judicial process and the prohibition of the denial of justice. Furthermore, the hierarchy of norms was adopted, preventing the lower-norms from being violated by the upper-norms. Constitutional Court decisions are binding for the legislative, executive and judicial branches, the government, and all real persons and corporate bodies.
In addition, the 1982 Constitution recognizes all basic human rights such as freedom of speech, press, communications, travel, right to privacy, right to property. The fundamental social rights recognizes by the Constitution are the right to organize unions, the right to strike and to collective bargaining, the right to social security, the right to education, and the right to medical care.
The Turkish Grand National Assembly (TGNA) enacted the most comprehensive amendments to the Constitution, since it was drafted on November 7, 1982, on October 3, 2003. With the amendment package, covering 34 articles, the Constitution was revised extensively in an effort to extend basic rights and freedoms, and re-regulate social and economic life. The amendments went into effect after they were published in the Official Gazette on October 17, 2003.
