Constitutional history of Turkey

Over the centuries, Turkey has had many constitutions and can be characterised by the steady establishment of a nation-state, democratisation and recognition of international law.

The current 1982 Turkish constitution has been ratified nineteen times, with its most recent revision in 2017 which was aimed at improving the rights and liberties of individuals and strengthening the rule of law.

[4] The draft constitution was prepared by the council of ministers in the form of a legislative proposal, and sent to the general assembly.

[5] The general assembly debated legal and procedural problems related to the proposal, and decided to send it to an ad hoc special commission as a document comprising 31 articles.

[5] The commission that worked on the draft divided it into two parts: the "program of populism" and "the Basic Establishment Act (1921 Constitution)".

Therefore, it was separated from the constitutional rules and declared as a government program reflecting anti-imperialist and anti-capitalist, left populist ideas, as well as civil control over the military.

The latter part became the actual constitution and made the revolutionary choice of unconditional sovereignty of the nation, marking a significant break with the imperial and monarchical past.

[8] It was the first constitution which declared Turkey a secular republic and moved away from the monarchist system established by the Ottoman Empire.

[10] The revolutionary officers, with the help of opposition parties, started to prepare a new constitution to establish a "more pluralistic mode of democracy", with all its attendant safeguards, while maintaining the modern and secular nature of the state.

[10] In doing so, it limited the authority of the government; the powers of the president were curtailed, and individual rights and liberties were given greater emphasis.

Nevertheless, although, the main objective of the militant leaders was to restore the democratic process, they also wished to protect their own interests.

It also strengthened the power of the executive and asserted that Turkey was a secular and democratic republic, deriving its sovereignty from its people.

[19] This was supported by the preamble which stated that "no protection shall be afforded to thoughts or opinions contrary to Turkish national interest.

[21] In doing so, it strengthened the power of the executive branch of government, avoided deadlocks in the political decision-making mechanism and was less lenient towards participatory democracy.

[22] According to Article 5, all individuals are equal before the law and possess "inherent fundamental rights and freedoms which are inviolable and inalienable.

[10] The general direction of these amendments was to improve the rights and liberties afforded to individuals, strengthen the rule of law and limit the prerogative powers granted to the military.