M. M. Ashaduzzaman Nour :
The Constitution of Turkey serves as the supreme legal framework that defines the structure, functions, and guiding principles of the Turkish Republic.
Adopted in 1982 following a military coup in 1980, it is the fourth constitution in Turkish history, succeeding those of 1921, 1924, and 1961. Its primary goals include ensuring democracy, secularism, human rights, and the rule of law while balancing the powers of the executive, legislative, and judicial branches.
Turkey’s constitutional journey began with the 1921 Constitution during the War of Independence. It laid the foundation for a parliamentary system and emphasized national sovereignty. Following the proclamation of the Republic in 1923, the 1924 Constitution established a centralized state with a strong executive.
The 1961 Constitution, introduced after the 1960 military coup, aimed to create a democratic system with checks and balances, including a Constitutional Court. The 1982 Constitution, drafted after the 1980 military coup, sought political stability by strengthening the executive while retaining democratic elements.
The 1982 Constitution of Turkey is built on several core principles:
1. Republicanism: Turkey is defined as a democratic, secular, and social state governed by the rule of law. The republican principle ensures that sovereignty rests with the people through elected representatives.
2. Nationalism: The Constitution emphasizes national unity and the indivisibility of the Turkish state, reflecting the strong nationalist ideology rooted in the country’s founding.
3. Secularism: A hallmark of Turkish constitutional identity, secularism separates religion from state affairs. Religious institutions cannot interfere with state functions, ensuring equal treatment of all citizens regardless of religious beliefs.
4. Democracy and Rule of Law: The Constitution enshrines democratic governance, free elections, and judicial independence. It guarantees fundamental rights and freedoms within the limits set by law.
5. Social State: Turkey is committed to providing social welfare, including education, healthcare, and labor rights, reflecting its social state principle.
The Turkish government operates under a presidential system established by a 2017 constitutional referendum. The three branches of government-executive, legislative, and judicial-function independently but with mutual checks and balances.
The Executive:The President of Turkey is both the head of state and government, combining executive powers previously shared with the Prime Minister. The President is elected by popular vote for a five-year term and can serve a maximum of two terms. The President appoints ministers, issues decrees, and represents Turkey in international affairs.
The Legislature:The Grand National Assembly of Turkey (TBMM) is a unicameral legislature comprising 600 members elected for five-year terms. Its responsibilities include enacting laws, approving the budget, and overseeing the executive. Members are elected through a proportional representation system.
The Judiciary:The judiciary operates independently to ensure justice and uphold constitutional principles. The Constitutional Court, Turkey’s highest judicial authority, reviews laws for constitutional compliance and handles cases involving top officials. Other courts include administrative, criminal, and civil courts. Judicial independence is safeguarded through constitutional guarantees, though its effectiveness has been debated due to political pressures.
The Constitution of Turkey guarantees a wide range of rights and freedoms while allowing certain restrictions for national security, public order, and morality. Key rights include:
· Civil Rights: These include equality before the law, the right to life, personal liberty, freedom of religion and expression, and privacy protections.
· Political Rights: Citizens have voting rights, freedom of association, and the right to participate in political activities.
· Economic and Social Rights: Workers’ rights, the right to education, healthcare, and social security are constitutionally protected.
However, some provisions allow restrictions during states of emergency, which has raised concerns over potential human rights violations.
Since its adoption, the 1982 Constitution has undergone several amendments to align Turkey’s legal framework with democratic standards and its bid for European Union membership. Key amendments include:
· 2001 Reforms: These amendments strengthened human rights protections, including freedom of expression and assembly, while limiting the military’s influence in politics.
· 2010 Referendum: Judicial reforms reduced military power, expanded individual rights, and increased judicial transparency.
· 2017 Constitutional Changes: The most significant change transformed Turkey from a parliamentary to a presidential system, abolishing the Prime Minister’s office and centralizing executive power in the presidency.
The 1982 Constitution has faced criticism for its authoritarian roots, restrictive provisions, and centralized power structure. Critics argue that its original framework prioritized state security over individual rights and enabled executive overreach. The 2017 amendments, which consolidated power in the presidency, have intensified concerns over democratic backsliding and reduced checks and balances.
Moreover, restrictions on freedom of expression, press freedom, and political dissent have drawn criticism from international organizations. Judicial independence has also been questioned due to government influence over judicial appointments and decisions.
The Constitution of Turkey remains a foundational document shaping the country’s political, legal, and social landscape. While its guiding principles reflect democratic and secular values, its implementation has been challenged by political dynamics, constitutional amendments, and shifting power structures.
As Turkey continues its constitutional journey, debates over democratic governance, individual rights, and institutional balance remain central to its political discourse. A more inclusive and democratic constitutional framework could help address these challenges, ensuring stability, development, and the protection of fundamental rights for all citizens.
(The writer is PhD researcher, Department of Political Science and Public Administration, Istanbul Medeniyet Üniversitesi, Istanbul, Türkiye and Assistant Professor, Department of Public Administration Bangladesh University of Professionals).
