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About Turkey



In Turkey, the constitutional movements had initiated in the second half of the nineteenth century and the first constitution was accepted in the final periods of the ottoman Empire, in 1876 under the name of Kanun-i Esasi (The Principle Law)

The 1921 Constitution was the second constitution founded and issued during the years of Independence War and had contained obligatory rules compelled by the war situation and conditions. Three constitutions were issued in the Republic Period. The first constitution of the Turkish Republic was accepted in 1924, the second constitution was accepted in 1961and the third and still valid constitution was accepted in 1982

As all of the contemporary democracies, The republic of Turkey had adopted the principle of the separation of powers. In the preface of the constitution, which is also a section of the constitution and the foundations of the government is stated, the fact of separation of powers is emphasized as a limited cooperation between the state departments, the application of definite authorizations and services and it is underlined that this principle do not mean any superiority order among the state organs. In the first constitution of the Turkish Republic, which was accepted and applied after 1924, the principle of separation of powers was not included. In this constitution, it is stated that the dominance belongs to the nation without any condition, however the application of this dominance was charged to the parliament. As a result, although the article stating that the laws should not be contrary to the constitution is present in the constitution, no supervision unit, in other words the constitution judgement was not suggested in 1924 constitution. However, after the transition to the multi partisan system in 1946 and the dominance of the power by the opposition at the democratic elections in 1950, it was clearly observed that the problems were still present and the necessity of the supervision of legislation council has appeared. This opinion was primarily supported by the intellectuals and later t5he political parties pledged their support to this opinion and in 1961 Constitution, the principle of the separation of powers was adopted for the first time and the constitution judgement was anticipated and the Supreme Court of Constitution had been inserted into the constitution. Therefore, the verdict of the laws should not be contrary to the constitution had gained validity.

According to the constitution, the dominance is unconditionally of the nation. The nation applies this dominance under the circumstances stated by the verdicts present in the constitution directly by elections and indirectly by the authorized departments. The legislation, execution and judgement units use the fact of dominance. The legislation authority is granted to TBMM (Turkish Great National Assembly) and could not be transferred by any means to anyone. The execution authority and service is used and executed by the President of the Turkish Republic and the Board of Ministers in accordance with the constitution and laws. Independent courts use the judgement authority.

The jurisprudent state principle had initiated and assisted the adoptation of the principle of separation of powers. This principle supplies the dominance of the law in the living of public and state. The power present in the legislation and execution authorities are limited and balanced in accordance with the principle of the dominance of jurisprudence.

The legislation processes and the activities and processes of execution are supervised by the judgement. Therefore, the medium of democracy is obtained and preserved in the government management. The constitution is ornamented with these regulatory laws.

The constitutional laws, which have the status of being obligatory and superior, are the basic jurisprudent rules, which are obligatory to the organs of legislation, execution and judgement, administration and other relevant persons or organizations. In addition, the hierarchy of the norms is adopted and the transverse between the junior norms and senior norms was prevented. The decisions of the Supreme Court of Constitution obliges the organs of legislation, execution and judgement , administration and all natural and legal persons and these decisions compose the legal sources of the governmental processes.

The Modification of the constitution; There are unmodifiable verdicts of the constitution, even some verdicts are unsuggestible for modification. Verdicts concerning that Turkish Government is a Republic, the basics which the government regime is dependent, the unified structure of the government, the shape of the flag, the Independence march is the Turkish National Anthem, that Turkish is the national language and that the capital of Turkey is Ankara are the verdicts of the constitution which are unmodifiable even unsuggestible arrangements.

From the point of verdicts other than the above stated, the qualified majority condition was suggested for the modification of the constitution and a specialized method was developed. In order to modify the constitution, the inscribed proposal signed by at least one third of the TBMM members is necessary and the proposal should be discussed twice at the General Assembly and the hidden election with the precipitation of the whole members is necessary and the required majority at this election is three to five of the numbers of the members.

The President of the Turkish Republic has the right to return the law modifications concerning the modifications in the constitution back to the TBMM for the purpose of re-assembly and reconsideration and the right to present this modification to the public vote.

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