The current Constitution of Turkey, ratified in 1982, establishes the organization of the government of the Republic of Turkey and sets out the principles and rules of the state's conduct along with its responsibilities towards its citizens. The Constitution also establishes the rights and responsibilities of the latter while setting the guidelines for the delegation and exercise of sovereignty that belongs to the Turkish Nation.
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".
History
-
The current Constitution of Turkey was ratified in 1982 by popular referendum during the military junta of 1980-1983.
It is the fourth constitution of the Republic of Turkey: The first Turkish Constitution was the Constitution of 1921, followed by the Constitution of 1924 and the Constitution of 1961. It was last amended in 2004.
Overview
Founding Principles
The Constitution asserts that Turkey is a secular and democratic republic, deriving its sovereignty from the people. The sovereignty rests with the Turkish Nation, who delegates its exercise to an elected unicameral parliament, the Turkish Grand National Assembly. Moreover, Article 4 declares the immovability the founding principles of the Republic defined in the first three Articles, "laïcité, social equality, equality before law, the Republican form of government, the indivisibility of the Republic and of the Turkish Nation", 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". Thus, it sets out to found a unitary nation-state based on the principles of secular democracy.
It also establishes a separation of powers between the three main powers 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.
Delegation and exercise of sovereignty
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".
