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THE STRUCTURE OF THE GOVERNMENT
THE BASIC ORGANS OF THE GOVERNMENT
The services and the authorities of the organs of legislation,
execution and judgement and the public associations and
organizations were determined in the constitution in accordance with
the principle of the separation of power.
Legislation
TBMM is composed of 550 Deputies. The Deputy elections are executed
in five-year periods. The Assembly can decide for a re - election
before the election period is fulfilled. The President of the
Turkish Republic can also decide for a re - election under the scope
of the authority granted by the constitution. The Assembly can
postpone the elections for one year in the situation of war. In the
situation of the membership of the TBMM become vacant, a single
intermediate election is executed for every election period.
The elections are executed under the supervision and administration
of the judgement organs, with the principles of equal, free, hidden,
one degree, general vote, public count and expression. The last
authority of the manners concerning elections is the Supreme
Election Committee. The Supreme Election Committee is composed of
the members of the Supreme Court and Council of State. Each Turkish
citizen over age 18 and completed his or her primal education had
the right of selecting and each Turkish citizen over 30 and
completed their primal education had the right of being elected. Law
determines the method of the election. The law should regard the
principles of "Justice in Representation and Stability in
Administration". These principles were determined by the decisions
of the Supreme Court of Constitution and had been valid after the
final modification in 23 July 1995.
The Deputies represent the entire nation and pledge an oath
dependent on a text quoted from the constitution. The Deputies had
the legal immunity right for their expressed intellects and votes at
the studies in the Assembly. The situation of investigation and
legal proceeding to the Deputies are dependent to the removal of the
immunities by the General Assembly except for the situations of in
the act of the crime scene. The stated and decided punishments could
be executed only after the end of the Deputy period.
The Assembly decides for the ending of the Deputy service. The
Deputy service of the persons whom are decided to be guilty for the
closing of their political parties by their oral or written
statements and actions also ends by the decisions and statements of
the Supreme Court of Constitution. The departure from the Deputy
service requires the acceptance of the General Assembly. If a deputy
departs from his political party, his deputy service becomes an
independent Deputy. The legislation could apply to the Supreme Court
of Constitution for the reconsideration and termination of the
statements about the removal of the immunity and ending of the
Deputy service.
TBMM executes its studies in accordance with the internal
regulations which is prepared by TBMM itself. The constitution and
the internal regulation suggest the study of the assembly in the
shape of committees. These committees are formed according to
various specialization subjects and the commissions execute
prepatory studies and every citizen can apply to these committees
and inform the committee about their complaints.
Beside the special tasks and authorizations granted to TBMM by
constitution, issuing laws, modification of the laws, supervision of
the laws, granting authorization to the Board of Ministers to issue
written decrees at the influence of law on specific subjects are
among the other tasks and authorities of the Assembly. In addition,
the tasks like decision of minting money, declaration of war,
martial law and extraordinary situation, supervision and decision of
the signing of the international contracts, execution of the general
and specific election conditions and the execution of the death
penalty statements approved by the courts are among the tasks and
authorities of TBMM.
Execution
The execution organ is composed of The President of the Turkish
Republic and the Board of Ministers.
The President of the Turkish Republic is the chairman of the
government. He represents the Republic of Turkey and the unification
of the Turkish nations with this position.
The President of the Turkish Republic is elected by TBMM, among the
Turkish citizens who have sufficient aspects of being elected for
the Deputy service or are at the Deputy service and are at or higher
at the age of 40 and taken higher education. The elections are
executed with hidden vote and the necessary vote is the majority of
the votes which is the two third of the number of the members of the
Assembly. The service period is seven years. The person elected for
the President of the Turkish Republic had to end its membership with
any political parties and had to resign from the duty of Deputy. One
person can not be elected to become the President. The President
pledges the oath written in the constitution at the beginning of his
duty.
The President of the Turkish Republic observes and regards the
application of the constitution and the regular and cooperative
studies among the state departments. He also has the authority and
tasks regarding the legislation, execution and judgement.
His tasks regarding the legislation are; to call for the meeting of
TBMM when necessary, to issue laws and return back to the Assembly
when necessity arouses in order to reconsider and discuss, to go to
the public vote for the modifications of the constitution when
necessary, to issue law and written decrees at the influence of the
law, to apply to the Supreme Court of Constitution with the
assertion of incongruity to the constitution relating to the
internal regulations and to decide for the re - election of the TBMM
when the conditions are met.
The tasks concerning the judgement are limited to the election of
members to the supreme courts.
The President of the Turkish Republic assigns the Prime Minister and
later the Ministers with the proposal of the Prime Minister. He
consigns the representatives of the Turkish Government to the
foreign countries and he receives the representatives of the foreign
countries consigned to the Turkish Republic.
The Presidents of the Turkish Republic
* Mustafa Kemal ATATÜRK (1923 - 1938)
* İsmet İNÖNÜ (1938 - 1950)
* Celal BAYAR (1950 - 1960)
* Cemal GÜRSEL (1961 - 1966)
* Cevdet SUNAY (1966 - 1973)
* Fahri S. KORUTÜRK (1973 - 1980)
* Kenan EVREN (1982 - 1989)
* Turgut ÖZAL (1989 - 1993)
* Süleyman DEMİREL (1993 - 2000)
* Ahmet Necdet SEZER (2000 - ....)
There are two constitutional institutions stated in the constitution
about the President of the Turkish Republic. The General Secretariat
of the Presidency and the Government Supervision Institution are
charged with the tasks of supervision and development of the
government according to law in an organized and effective way. With
the demand of the President, these two institutions executes all
sorts of investigation, research and supervision activities of the
public associations and organizations, professional organizations
displaying the properties of public organizations, laborer and
employer public organizations of all levels and the societies and
cognizant beneficial to the public. The Military Organization and
the judgement organs are beyond the task scope of the Government
Supervision Institution.
The Board of Ministers
The Board of Ministers is composed from the Prime Minister and other
Ministers. The Prime Minister is assigned by the President among the
Deputies. The ministers are elected among the Deputies or the
persons covering the necessary properties for being elected for
deputy service by the Prime Minister and are appointed by the
President. The President could end the service of the ministers with
the proposal of the Prime Minister.
After the formation of the Board of Ministers, their program is
declared in TBMM and is subjected to the vote of reliance. After the
vote of reliance, the government begins its task. The removal and
foundation of ministries, their tasks, authorities and their
formation is stated and decided by law.
The subject of the national defense is stated in the section of
constitution relevant with the Board of Ministers. In this section,
the institutions arranging the tasks and authorizations are stated
as High Command, General Staff Headquarters and Committee of
National Defense.
The Committee of National Defense is composed of Prime Minister,
Chairman of the General Staff , Ministers of National Defense,
Internal Affairs and Foreign Affairs, Commanders of Land, Air and
Sea Forces and Commander of Gendarme directed by the President.
Decisions concerning the determination, application and designation
of the national security policy are taken in the Committee. These
decisions are proposed to the Board of Ministers. The proposed
decisions concerning the existence, independence, unification and
indivisibility of the state and the preservation of the peace and
security of the nation are priory considered by the Board of
Ministers.
Judgement
The independent courts and supreme judgement organs use the
judgement authority in Turkey. The judgement section in the
constitution is set on the basis of the guarantee of the judges and
the independence of the court based on jurisprudent state basis. The
necessity of this search of justice is the basic guarantee of the
human rights.
The courts are open to public unless there is a required secret
condition. The principle of being equal in punishment and crime, The
individuality of the crime responsible, the innocent evidence is in
force. Every individual had the right to demand justice before
Judge.
There is a functional judgement system determined in constitution
and according to this fact the judgement competent authorities,
juridical judgement and the administrative judgement are two
layered. The Private Judgement Competent Authorities stated in the
constitution are the Military Courts and the Government Security
Courts.
The Supreme Court of Constitution, the Supreme Court, State Council,
Military Supreme Court, Military Administrative Court and the Court
of Conflict are the supreme courts stated in the constitution.
The Supreme Committee of the Judges and Attorney Generals and the
Audit Department are the two institutions stated in the judgement
section of the constitution.
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