Constitutional Law at Turkey
Constitutional Law in Turkey is governed by the Constitution of the Republic of Turkey, which was adopted on November 7, 1982, and has undergone several amendments, most notably in 2017, which introduced significant changes to the political system, transitioning Turkey from a parliamentary system to a presidential system of governance. The Constitution lays the foundation for the country's democratic, secular, and unitary state structure, but the political system has evolved over time, with debates about its democratic nature, especially regarding recent shifts toward authoritarianism.
Turkey's constitutional law combines principles of democracy, rule of law, secularism, and nationalism, while recognizing the role of Islam in Turkish society. Over the years, the country has had significant political developments, including military coups, and constitutional amendments, making it an interesting case in comparative constitutional law.
1. Historical Context of Constitutional Law in Turkey
Turkey's constitutional history is shaped by the complex interactions between modernity, secularism, and political and military control:
Ottoman Empire Era: Before the founding of the Republic, the Ottoman Empire had a form of constitutionalism, particularly with the Ottoman Constitution of 1876. This was a brief and tumultuous period, as the Constitution was suspended and reinstated multiple times.
Republic of Turkey: After the fall of the Ottoman Empire in 1918, the Republic of Turkey was founded in 1923 by Mustafa Kemal Atatürk. The Constitution of 1924 was the first republican constitution, establishing Turkey as a unitary, secular, and democratic state.
1961 Constitution: After the 1960 military coup, Turkey adopted the 1961 Constitution, which was a more liberal document, introducing elements such as the Constitutional Court and the individual rights framework. However, after the 1980 military coup, Turkey adopted a new constitution in 1982 under military rule.
Recent Amendments: The 2017 Constitutional Amendment introduced major changes to Turkey's political structure, including the abolition of the Prime Minister's position and the transition to a strong presidency with expanded executive powers for the President.
2. Key Features of the 1982 Constitution (with 2017 Amendments)
The Turkish Constitution is divided into several sections that deal with different aspects of the governance system, including the form of government, individual rights, and the structure of various branches of government.
✅ Political Structure
Republic and Secularism: Turkey is defined as a republic, with a secular system of governance, meaning that the state does not officially favor any religion. This secularism, championed by Mustafa Kemal Atatürk, is one of the key pillars of the Constitution.
Unitary State: The Constitution defines Turkey as a unitary state, meaning that power is centralized in the national government rather than being divided between regional entities (e.g., federal states).
Republicanism: The Constitution emphasizes the sovereignty of the people, ensuring that ultimate power resides in the people, and all branches of government are derived from the people.
✅ The Presidency (Post-2017 Amendment):
The 2017 constitutional amendment replaced the parliamentary system with a presidential system of governance. This transformation significantly increased the powers of the President of Turkey.
Under the new system, the President is both the head of state and the head of government, holding significant executive authority. The position of Prime Minister was abolished.
The President now has the power to issue decrees, appoint high-ranking officials, and make key decisions without the approval of the parliament. The President can also dissolve the Grand National Assembly (parliament) and call for new elections.
The President is elected for a five-year term and can serve a maximum of two terms.
✅ The Grand National Assembly (Parliament):
The Grand National Assembly is a unicameral legislature with 600 members, elected for five-year terms.
It is responsible for passing laws, approving the budget, and providing checks on the executive. However, with the introduction of the presidential system, the role of the legislature has become somewhat limited, especially in terms of executive oversight.
✅ The Judiciary:
The judiciary in Turkey is supposed to be independent. The Constitutional Court is responsible for ensuring that laws are consistent with the Constitution, and it also reviews the constitutionality of laws and decrees issued by the President.
Other courts in the system include civil, criminal, and administrative courts, which handle a wide range of legal matters. However, judicial independence has been a subject of concern in recent years, with critics arguing that the government has increasingly exerted influence over the judiciary.
3. Fundamental Rights and Freedoms
The Constitution of Turkey guarantees a wide range of fundamental rights and freedoms for its citizens. Some of the key rights include:
✅ Civil and Political Rights:
Freedom of Speech: The Constitution guarantees freedom of expression, though there are significant limitations, especially when it comes to criticism of the government, military, or Atatürk (the founding father of Turkey).
Freedom of Assembly: Citizens have the right to gather and protest, but in practice, the government has used force to break up protests and restrict public demonstrations, particularly those critical of the government.
Right to Vote: Citizens aged 18 and over have the right to vote in national and local elections.
✅ Social and Economic Rights:
Right to Education: The Constitution guarantees the right to free and compulsory education at the primary level.
Social Security: The state is obligated to ensure social security for individuals, including pensions and health care.
✅ Religious Freedom:
Secularism: The Constitution ensures freedom of religion and mandates that state institutions remain neutral toward religion. However, Turkey has seen growing political and cultural debates over the relationship between Islam and the state, especially under the leadership of President Recep Tayyip Erdoğan.
✅ Equality Before the Law:
The Constitution guarantees that all citizens are equal before the law, regardless of gender, race, or religion. However, in practice, there have been concerns about inequality, particularly in the areas of women's rights, freedom of expression, and minority rights.
4. Amendment of the Constitution
The Turkish Constitution can be amended, but the process requires a supermajority in the Grand National Assembly:
Amendments to the Constitution can be proposed by the President or by a member of parliament.
At least two-thirds of the members of parliament must approve the amendment for it to pass.
Once approved, amendments must be put to a public referendum for final approval.
The 2017 amendments that established the presidential system were passed by a narrow referendum and significantly altered the political landscape of Turkey.
5. Challenges and Issues
Turkey's constitutional framework faces several challenges:
Judicial Independence: There are concerns about the erosion of judicial independence, as critics argue that the executive branch has increasingly influenced the judiciary, undermining the rule of law.
Human Rights and Freedoms: While Turkey's Constitution guarantees a wide range of rights, there have been significant human rights abuses, including crackdowns on freedom of speech, protests, and the media. Turkey has also been criticized for its treatment of minorities, including the Kurdish population and LGBTQ+ individuals.
Authoritarianism: There are growing concerns that the presidential system has led to authoritarian governance, with President Erdoğan and his party consolidating power and reducing political opposition.
Military Influence: While the military’s role in Turkish politics has been reduced since the 1980s, it remains an influential institution, especially in terms of secularism and national security. However, the 2016 coup attempt and subsequent purges within the military have altered this dynamic.
6. International Relations and Turkey’s Constitutional Framework
Turkey’s Constitutional Law also reflects its geopolitical position and its relations with other countries:
European Union: Turkey has long aspired to join the European Union. However, there have been setbacks due to concerns over human rights, freedom of expression, and the democratic nature of its political system.
Middle East: Turkey plays a pivotal role in the Middle East, especially in terms of its relations with neighboring countries like Syria, Iran, and Iraq. Turkey’s domestic constitutional issues are often intertwined with regional stability and influence.
✅ Conclusion
Turkey's Constitution of 1982 (with amendments, particularly the 2017 overhaul) provides the legal framework for the country’s presidential system, guaranteeing fundamental rights and freedoms while also centralizing significant executive powers in the hands of the President. Despite its democratic principles, the country has faced significant challenges related to human rights abuses, judicial independence, and authoritarian practices under the current government. The ongoing debates over Turkey's democratic future, secularism, and regional influence continue to shape its constitutional and political development.
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