Constitutional Law at Northern Cyprus

21 Apr 2025 --
0 Comments

🏛️ Constitution of the Turkish Republic of Northern Cyprus

The Constitution of the Turkish Republic of Northern Cyprus (TRNC) serves as the supreme legal framework for the self-declared state in the northern part of Cyprus. Adopted on 15 November 1983 following a declaration of independence by the Turkish Cypriot parliament, the constitution was later approved by referendum on 5 May 1985, with approximately 70% voter approval. It replaced the 1975 Constitution of the Turkish Federated State of Cyprus and comprises 164 articles and 13 transitional provisions.

🇹🇷 Key Features of the TRNC Constitution

1. Republican and Secular State

The TRNC is defined as a secular republic based on the principles of democracy, social justice, and the rule of law. Sovereignty resides with the people, and no authority can exercise state power outside the constitution

2. Separation of Powers

The constitution establishes a parliamentary democracy with a semi-presidential system:

Executive: The President serves as the head of state and government, with the authority to appoint the Prime Minister and Council of Ministers. The President can also preside over the Council of Ministers but does not have voting rights.

Legislature: The Assembly of the Republic is unicameral, consisting of 50 members elected by the people.

Judiciary: The judiciary is independent, with the Supreme Court serving as the highest authority.

3. Fundamental Rights and Freedoms

The constitution guarantees a range of civil, political, economic, and social rights, including:

Equality before the law and freedom from discrimination

Right to life, liberty, and security of person

Freedom of expression, assembly, and association

Right to education, health care, and social security

Freedom from torture, arbitrary detention, and forced labour

Right to privacy, freedom of conscience, and scientific and artistic freedom

Notably, the constitution prohibits torture and mandates that restrictions on rights must be prescribed by law for purposes such as national security or public order.

4. Citizenship and National Symbols

The constitution defines TRNC citizenship, outlining the rights and duties of citizens. It also establishes national symbols, including the flag and anthem.

🔄 Constitutional Amendments

The TRNC Constitution has undergone several amendments to address evolving political and social needs:

1985 Amendment: The original constitution was approved by referendum, introducing provisions for a parliamentary democracy and separation of powers.

2005 Amendment: Introduced changes to the electoral system and the structure of the Assembly of the Republic.

2020 Amendment: Proposed increasing the number of members in the Supreme Court from eight to a maximum of sixteen. However, this amendment was narrowly rejected in a referendum, with 50.13% voting against it.