The constitution also establishes the rights and responsibilities of the latter while setting the guidelines for the delegation and exercise that sovereignty belongs entirely and without doubt to the people.
Since its founding, the modern Turkish state has been governed under four documents: The current constitution was ratified by popular referendum during the military junta of 1980-1983.
Since its ratification in 1982, the current constitution has overseen many important events and changes in the Republic of Turkey, and it has been modified many times to keep up with global and regional geopolitical conjunctures.
[2] A minor amendment to Article 59, on the permissible means for challenging "decisions of sport federations relating to administration and discipline of sportive activities," was made in March 2011.
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".
It may hear cases referred by the President of the Republic, the government, the members of Parliament (A150) or any judge before whom a constitutional issue has been raised by a defendant or a plaintiff (A152).
The Constitutional Court has the right to both a priori and a posteriori review (respectively, before and after enactment), and can invalidate whole laws or decrees and ban their application for all future cases (A153).
Part Three, Chapter One, Section Two (Articles 109–116) lays out the rules for the confirmation and functioning of the executive, consisting of the President of the Republic and the Council of Ministers (A109).
In Article 175, it also sets out the procedure of its own revision and amendment by either referendum or a qualified majority vote of 2/3 in the National Assembly.
The change would allow the National Assembly to appoint a number of high-court judges, would reduce the power of the military court system over the civilian population and would improve human rights.
[16][17][18] Since 2003, private courses teaching minority languages can be offered, but the curriculum, appointment of teachers, and criteria for enrollment are subject to significant restrictions.
All private Kurdish courses were closed down in 2005 because of bureaucratic barriers and the reluctance of Kurds to have to "pay to learn their mother tongue.
Orhan Pamuk's remark "One million Armenians and 30,000 Kurds were killed in these lands, and nobody but me dares talk about it" was considered by some to be a violation of Article 10 of the Constitution and led to his trial in 2005.
The complaint against Orhan Pamuk was made by a group of lawyers led by Kemal Kerinçsiz and charges filed by a district prosecutor under the Article 301 of the Turkish Penal Code.
Although modified several times in the last three decades, specifically within the framework of European Union reforms, the 1982 constitution is also criticised for giving the military too much influence in political affairs via the National Security Council.
Turkish Armed Forces see themselves as the guardians of the secular and unitary nature of the Republic along with Atatürk's reforms and have intervened by taking over the government three times:[20] in 1960, in 1971 and in 1980.