DOCSLIB.ORG

Turkey's Constitution of 1982 with Amendments Through 2011

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Turkey's Constitution of 1982 with Amendments Through 2011 PDF generated: 26 Aug 2021, 16:52 constituteproject.org Turkey's Constitution of 1982 with Amendments through 2011 This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:52 Table of contents Preamble . 9 PART ONE: General Principles . 9 I. Form of the State . 9 II. Characteristics of the Republic . 10 III. Integrity, official language, flag, national anthem, and capital of the State . 10 IV. Irrevocable provisions . 10 V. Fundamental aims and duties of the State . 10 VI. Sovereignty . 10 VII. Legislative power . 11 VIII. Executive power and function . 11 IX. Judicial power . 11 X. Equality before the law . 11 XI. Supremacy and binding force of the Constitution . 12 PART TWO: Fundamental Rights and Duties . 12 CHAPTER ONE: General Provisions . 12 I. Nature of fundamental rights and freedoms . 12 II. Restriction of fundamental rights and freedoms . 12 III. Prohibition of abuse of fundamental rights and freedoms . 12 IV. Suspension of the exercise of fundamental rights and freedoms . 13 V. Status of aliens . 13 CHAPTER TWO: Rights and Duties of the Individual . 13 I. Personal inviolability, corporeal and spiritual existence of the individual . 13 II. Prohibition of forced labour . 14 III. Personal liberty and security . 14 IV. Privacy and protection of private life . 15 A. Privacy of private life . 15 B. Inviolability of the domicile . 15 C. Freedom of communication . 16 V. Freedom of residence and movement . 16 VI. Freedom of religion and conscience . 16 VII. Freedom of thought and opinion . 17 VIII. Freedom of expression and dissemination of thought . 17 IX. Freedom of science and the arts . 17 X. Provisions relating to the press and publication . 18 A. Freedom of the press . 18 B. Right to publish periodicals and non-periodicals . 18 C. Protection of printing facilities . 19 Turkey 1982 (rev. 2011) Page 2 constituteproject.org PDF generated: 26 Aug 2021, 16:52 D. Right to use media other than the press owned by public corporations . 19 E. Right of rectification and reply . 19 XI. Rights and freedoms of assembly . 20 A. Freedom of association . 20 B. Right to hold meetings and demonstration marches . 20 XII. Right to property . 20 XIII. Provisions on the protection of rights . 21 A. Freedom to claim rights . 21 B. Principle of natural judge . 21 C. Principles relating to offences and penalties . 21 XIV. Right to prove an allegation . 22 XV. Protection of fundamental rights and freedoms . 22 CHAPTER THREE: Social and Economic Rights and Duties . 22 I. Protection of the family, and children’s rights . 22 II. Right and duty of education . 22 III. Public interest . 23 A. Utilization of the coasts . 23 B. Land ownership . 23 C. Protection of agriculture, animal husbandry, and persons engaged in these activities . 24 D. Expropriation . 24 E. Nationalization and privatization . 24 IV. Freedom of work and contract . 25 V. Provisions relating to labour . 25 A. Right and duty to work . 25 B. Working conditions and right to rest and leisure . 25 C. Right to organize unions . 25 D. Activities of unions . 26 VI. Collective labour agreement, right to strike, and lockout . 26 A. Rights of collective labour agreement and collective agreement . 26 B. Right to strike, and lockout . 26 VII. Provision of fair wage . 27 VIII. Health, the environment and housing . 27 A. Health services and protection of the environment . 27 B. Right to housing . 27 IX. Youth and sports . 28 A. Protection of the youth . 28 B. Development of sports and arbitration . ..
Load more

Recommended publications
  • 1 Religion and the Courts 1790-1947 Leslie C. Griffin When the Framers
    Religion and the Courts 1790-1947 Leslie C. Griffin* When the Framers drafted the United States Constitution in 1787, the only mention of religion was the remarkable text of Article VI, which states “no Religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.” That groundbreaking language marked a shift from prior practice in Europe and the states. At the time of the Constitution’s drafting, most states had religious qualifications for government officials, following the pattern in Britain, where the monarch was required to be a member of the Church of England. In Europe the guiding principle was cuius regio, eius religio: the religion of the people is determined by the religion of the ruler. Many of the Framers, especially James Madison, believed that the new Constitution protected liberty of conscience by creating a government of enumerated and separate powers that gave Congress no authority over religion. During the ratification process, however, constitutional critics demanded greater protection of individuals from the power of the government. In order to secure the Constitution’s ratification, the new Congress drafted a Bill of Rights that protected religious freedom in the following language: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Upon ratification by the states in 1791, the language about religion became the First Amendment to the United States Constitution.1 The two Religion Clauses of the First Amendment are known as the Establishment Clause and the Free Exercise Clause. Although Madison suggested that the standard protecting liberty of conscience should apply to state as well as federal governments, the language of the First Amendment—“Congress 1 shall”—applied only to the federal government.
    [Show full text]
  • A Constitution for the Ottoman Empire
    COULD AND SHOULD AMERICA HAVE MADE AN OTTOMAN REPUBLIC IN 1919? PAUL D. CARRINGTON * Generations of American school children have memorized the words of Jefferson’s Declaration of Independence. Its evangelical spirit was echoed in Lincoln’s Gettysburg Address and scores of other presidential addresses. Partly on that account, numerous Americans, perhaps especially American lawyers, have since the 1780s presumed to tell other peoples how to govern themselves. In 2006, that persistent impulse was echoed once again in an address to the American Bar Association by a Justice of the United States Supreme Court. 1 The purpose of this Essay is to question the wisdom of this evangelical ambition. Sometimes cited as examples of successful political evangelism are the constitution of Japan and the Basic Law of Germany. 2 Both of those constitutions were for numerous reasons congenial to the existing local cultures and traditions. 3 The 2003 invasion of Iraq was in important respects a product of the notion that orderly democratic government can be imposed almost anywhere, an idea that seems to have had special appeal to the * Professor of Law, Duke University. This Essay draws passages from my book, SPREADING AMERICA ’S WORD : STORIES OF ITS LAWYER -M ISSIONARIES (2005). Kristin Seeger has provided very valuable assistance in assembling it. Portions of this Essay were published previously in Paul D. Carrington, Mandatory Constitutions , 1 BUCERIUS L.J. 31, 31-38 (2007), and are reprinted herein with grateful acknowledgment. 1. For a video of Justice Kennedy’s keynote address to the ABA, see Justice Kennedy Declares World Jury Still Out on Meaning of Freedom (Aug.
    [Show full text]
  • Supermajority Voting Requirements for Tax Increases: Evidence from the States
    Journal of Public Economics 76 (2000) 41±67 www.elsevier.nl/locate/econbase Supermajority voting requirements for tax increases: evidence from the states Brian G. Knight* Department of Economics, University of Wisconsin, 1180 Observatory Drive, Madison, WI 53706, USA Received 1 April 1998; received in revised form 1 September 1998; accepted 1 September 1999 Abstract This paper measures the effect of state-level supermajority requirements for tax increases on tax rates. Unobserved attitudes towards taxation tend to in¯uence both the adoption of supermajority requirements and tax policy. Consequently, one cannot distinguish between the effect of these requirements and their correlation with these unobserved attitudes. A model is presented in which legislatures controlled by a pro-tax party adopt a supermajority requirement to reduce the majority party agenda control. The propensity of pro-tax states to adopt supermajority requirements results in an underestimate of the true effect of these requirements on taxes. To correct this identi®cation problem, the paper ®rst uses ®xed effects to control for unobserved attitudes and then employs instruments that measure the dif®culty of amending state constitutions. The paper concludes that supermajority require- ments have signi®cantly reduced taxes. 2000 Elsevier Science S.A. All rights reserved. Keywords: Budget institutions; State and local public ®nance; Majority voting JEL classi®cation: H72; D72 1. Introduction In each of the years between 1996 and 1999, the US Congress voted on a proposed constitutional amendment to require a two-thirds supermajority legisla- *Tel.: 11-608-262-5353. E-mail address: [email protected] (B.G. Knight) 0047-2727/00/$ ± see front matter 2000 Elsevier Science S.A.
    [Show full text]
  • Federalism, Bicameralism, and Institutional Change: General Trends and One Case-Study*
    brazilianpoliticalsciencereview ARTICLE Federalism, Bicameralism, and Institutional Change: General Trends and One Case-study* Marta Arretche University of São Paulo (USP), Brazil The article distinguishes federal states from bicameralism and mechanisms of territorial representation in order to examine the association of each with institutional change in 32 countries by using constitutional amendments as a proxy. It reveals that bicameralism tends to be a better predictor of constitutional stability than federalism. All of the bicameral cases that are associated with high rates of constitutional amendment are also federal states, including Brazil, India, Austria, and Malaysia. In order to explore the mechanisms explaining this unexpected outcome, the article also examines the voting behavior of Brazilian senators constitutional amendments proposals (CAPs). It shows that the Brazilian Senate is a partisan Chamber. The article concludes that regional influence over institutional change can be substantially reduced, even under symmetrical bicameralism in which the Senate acts as a second veto arena, when party discipline prevails over the cohesion of regional representation. Keywords: Federalism; Bicameralism; Senate; Institutional change; Brazil. well-established proposition in the institutional literature argues that federal Astates tend to take a slow reform path. Among other typical federal institutions, the second legislative body (the Senate) common to federal systems (Lijphart 1999; Stepan * The Fundação de Amparo à Pesquisa no Estado
    [Show full text]
  • Turkish Parliamentary Experience Review of the Parliamentary
    ISSN: 2667-4432 Journal of Universal History Studies (JUHIS)• 2(2 ) • December • 2019 • pp. 239 – 250 Turkish Parliamentary Experience Review of the Parliamentary Experience of Turkey from Ottoman to Republic Periods1 Saltanat Kydyralieva2 Istanbul University, Institute of Social Sciences PhD Alumna Received- Accepted: 23.09.2019- 02.12.2019 Research Article Abstract Turkish parliamentary tradition with a history of 140 years, no doubt is a result of challenging periods which roots extending to the history of the Ottoman Empire. Tanzimat reforms as well as Constitutional Monarchy periods (known as I. and II. Meşrutiyet) crowned with the National Liberation Movement initiated the new political regime in Turkey and formed a parliamentary institution that call now the Turkish parliament or the Grand National Assembly of Turkey. The analysis of the historical evolution of the Turkish parliamentary experience along with its parliamentary functions and activities will provide us valuable information on politics and socio-historical development of the Turkish state. Certainly, the unique characteristics of Turkish society and Turkish history, as well as parliamentary transformations at the global level along with political developments affecting the parliamentary tradition makes a Turkish parliamentary experience noteworthy to be analyzed. Social structure, bureaucracy and traditions of every society or political entity define the role of a parliament in the certain political system. The social and political structure gives important information on the organization and behaviour of the parliament as well as parliamentary functions provide first-hand data on features and characteristics of the society reciprocally. This study is a brief historical account of the Turkish parliament as a representative institution.
    [Show full text]
  • The Rise of President Erdogan and the End of Kemalist Turkey
    History in the Making Volume 11 Article 5 January 2018 Unconditional Surrender: The Rise of President Erdogan and the end of Kemalist Turkey Amelia Sullivan CSUSB Follow this and additional works at: https://scholarworks.lib.csusb.edu/history-in-the-making Part of the Islamic World and Near East History Commons, and the Political History Commons Recommended Citation Sullivan, Amelia (2018) "Unconditional Surrender: The Rise of President Erdogan and the end of Kemalist Turkey," History in the Making: Vol. 11 , Article 5. Available at: https://scholarworks.lib.csusb.edu/history-in-the-making/vol11/iss1/5 This Article is brought to you for free and open access by the History at CSUSB ScholarWorks. It has been accepted for inclusion in History in the Making by an authorized editor of CSUSB ScholarWorks. For more information, please contact [email protected]. Articles Unconditional Surrender: The Rise of President Erdogan and the end of Kemalist Turkey By Amelia Sullivan Abstract: In October 1923, Mustafa Kemal, or Ataturk, became leader of Turkey. Over the next decade and a half, Kemal used his considerable political power to reform the nation. He modernized infrastructure, reorganized government, and led an aggressive campaign to westernize and secularize Turkish society. By the time Kemal passed in 1938, Turkey rose from the ashes of the Ottoman Empire and reestablished itself as a democracy. Almost eighty years later, Ataturk’s legacy is in jeopardy. In 2017, the Turkey held a constitutional referendum to radically restructure the nation’s government and place an unprecedented degree of power in the office of the presidency.
    [Show full text]
  • The Changing Nature of the Turkish State Authority for Religious Affairs (ARA) and Turkish Islam in Europe Günter Seufert
    Working Paper SWP Working Papers are online publications within the purview of the respective Research Division. Unlike SWP Research Papers and SWP Comments they are not reviewed by the Institute. CENTRE FOR APPLIED TURKEY STUDIES (CATS) | WP NR. 02, JUNE 2020 The changing nature of the Turkish State Authority for Religious Affairs (ARA) and Turkish Islam in Europe Günter Seufert Contents Introduction 4 The umbrella organizations of the Turkish Authority for Religious Affairs in Europe 6 From "partner in integration" to "tool of a foreign power” 7 Definition of terms 9 Historical outline 11 The Authority for Religious Affairs as a product of Turkish secularization: the gradual exclusion of religious discourses and norms from administration and politics 11 The Authority for Religious Affairs as a bone of contention between secular and religious forces 14 Muslim policies beyond traditionalism and Islamism 17 The Authority for Religious Affairs between theological autonomy and political instrumentalization 21 The independence of the Diyanet as a step towards the rehabilitation and empowerment of the Islamic religion in society (and politics?) 21 The independence of the Diyanet as a step towards strengthening the civil character of religion and effectively dealing with worrying currents within national and international Islam 23 The intensified role of the Diyanet in the context of Turkish foreign policy 24 The Diyanet's attitude to subject areas 26 The comments of Diyanet on Fethullah Gülen 26 The Diyanet's Statement on the Ideology of the
    [Show full text]
  • Managed Leadership Succession in Kazakhstan: a Model for Gradual
    MARCH 2020 279 MANAGED LEADERSHIP SUCCESSION IN KAZAKHSTAN A MODEL FOR GRADUAL DEPARTURE? Kristiina Silvan MARCH 2020 279 MANAGED LEADERSHIP SUCCESSION IN KAZAKHSTAN A MODEL FOR GRADUAL DEPARTURE? • In March 2019, Kazakhstan’s authoritarian leader, Nursultan Nazarbayev, stepped down after three decades of rule and yielded power to his nominated successor, Kassym-Zhomart Tokayev. However, Nazarbayev has paradoxically remained the most powerful political actor in Kazakhstan. • Kazakhstan’s model of gradual leadership succession could serve as an example to authoritarian states around the world, but it is particularly significant in the post-Soviet context. • Institutional and constitutional changes that took place in the 1990s were aimed at concentrating power in the presidency. • Modifications initiated by Nazarbayev in the 2000s and 2010s sought to weaken the Kazakh presi- dency while strengthening power vested in himself personally, in order to ensure the continuation of a political status quo and his family’s well-being after the transfer of power. • Despite the careful preparation and Tokayev’s relatively smooth ascension to power, it is still too early to evaluate the success of the transfer due to the vast powers retained by Nazarbayev. The transition of power in Kazakhstan remains an ongoing process and, as such, unpredictable. KRISTIINA SILVAN Research Fellow EU's Eastern Neighbourhood and Russia research programme Finnish Institute of International Affairs ISBN 978-951-769-631-9 ISSN 1795-8059 Language editing: Lynn Nikkanen Cover photo: Wikimedia Commons/Ken and Nyett. CC BY 2.0. The Finnish Institute of International Affairs is an independent research institute that produces high-level research to support political decisionmaking and public debate both nationally and internationally.
    [Show full text]
  • Russian Federation Interim Opinion on Constitutional
    Strasbourg, 23 March 2021 CDL-AD(2021)005 Opinion No. 992/2020 Or. Engl. EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) RUSSIAN FEDERATION INTERIM OPINION ON CONSTITUTIONAL AMENDMENTS AND THE PROCEDURE FOR THEIR ADOPTION Adopted by the Venice Commission at its 126th Plenary Session (online, 19-20 March 2021) on the basis of comments by Mr Nicos ALIVIZATOS (Member, Greece) Ms Claire BAZY MALAURIE (Member, France) Ms Veronika BÍLKOVÁ (Member, Czech Republic) Mr Iain CAMERON (Member, Sweden) Ms Monika HERMANNS (Substitute Member, Germany) Mr Martin KUIJER (Substitute Member, Netherlands) This document will not be distributed at the meeting. Please bring this copy. www.venice.coe.int CDL-AD(2021)005 - 2 - Contents I. Introduction ..................................................................................................................... 3 II. Scope of the present opinion .......................................................................................... 4 III. Chronology of the preparation and adoption of the constitutional amendments ............. 4 IV. Analysis of the procedure for the Adoption of the Constitutional Amendments .............. 6 A. Speed of preparation of the amendments - consultations ........................................... 6 B. Competence of the Constitutional Court ..................................................................... 7 C. Competence of the Constitutional Assembly .............................................................. 7 D. Ad hoc procedure .......................................................................................................
    [Show full text]
  • Sponsoring a Statewide Initiative Or Referendum Petition
    September 2021 SPONSORING A STATEWIDE INITIATIVE, REFERENDUM OR CONSTITUTIONAL AMENDMENT PETITION The Michigan Constitution provides: “The people reserve to themselves the power to propose laws and to enact and reject laws, called the initiative, and the power to approve or reject laws enacted by the legislature, called the referendum.” Article 2, § 9 of the 1963 Michigan Constitution. “Amendments may be proposed to this constitution by petition of the registered electors of this state.” Article 12, § 2 of the 1963 Michigan Constitution. These rights are invoked through the statewide ballot proposal petitioning process, which is governed by the Michigan Election Law and overseen by the Secretary of State and Board of State Canvassers. Once a petition is filed with the Secretary of State, signatures are subjected to a verification process and the Board of State Canvassers determines whether the petition contains enough valid signatures to qualify for placement on the ballot at the next even-year, general November election. This publication outlines legal requirements and provides guidance to those interested in launching a petition drive to initiate new legislation, amend or repeal existing laws, subject newly enacted laws to a referendum vote, or amend the state constitution. There are different filing deadlines in effect for the 2021-2022 election cycle. This guide also highlights best practices which, although not legally required, are offered so that sponsors may minimize the risk that an error could disqualify the petition. Legislative changes enacted in late 2018 and subsequent legal developments in 2019- 2020 altered the process for preparing and circulating statewide ballot proposal petitions.
    [Show full text]
  • Greco Eval III Rep 2009 5E Final Turkey PF PUBLIC
    DIRECTORATE GENERAL OF HUMAN RIGHTS AND LEGAL AFFAIRS DIRECTORATE OF MONITORING Strasbourg, 26 March 2010 Public Greco Eval III Rep (2009) 5E Theme II Third Evaluation Round Evaluation Report on Turkey on Transparency of Party Funding (Theme II) Adopted by GRECO at its 46 th Plenary Meeting (Strasbourg, 22-26 March 2010) Secrétariat du GRECO GRECO Secretariat www.coe.int/greco Conseil de l’Europe Council of Europe F-67075 Strasbourg Cedex +33 3 88 41 20 00 Fax +33 3 88 41 39 55 I. INTRODUCTION 1. Turkey joined GRECO in 2004. GRECO adopted the Joint First and Second Round Evaluation Report (Greco Eval I Rep (2005) 3E) in respect of Turkey at its 27 th Plenary Meeting (10 March 2006). The aforementioned Evaluation Report, as well as its corresponding Compliance Report, are available on GRECO’s homepage ( http://www.coe.int/greco ). 2. GRECO’s current Third Evaluation Round (launched on 1 January 2007) deals with the following themes: - Theme I – Incriminations: Articles 1a and 1b, 2-12, 15-17, 19 paragraph 1 of the Criminal Law Convention on Corruption (ETS 173), Articles 1-6 of its Additional Protocol (ETS 191) and Guiding Principle 2 (criminalisation of corruption). - Theme II – Transparency of party funding: Articles 8, 11, 12, 13b, 14 and 16 of Recommendation Rec(2003)4 on Common Rules against Corruption in the Funding of Political Parties and Electoral Campaigns, and - more generally - Guiding Principle 15 (financing of political parties and election campaigns) . 3. The GRECO Evaluation Team for Theme II (hereafter referred to as
    [Show full text]
  • Unicameralism and the Indiana Constitutional Convention of 1850 Val Nolan, Jr.*
    DOCUMENT UNICAMERALISM AND THE INDIANA CONSTITUTIONAL CONVENTION OF 1850 VAL NOLAN, JR.* Bicameralism as a principle of legislative structure was given "casual, un- questioning acceptance" in the state constitutions adopted in the nineteenth century, states Willard Hurst in his recent study of main trends in the insti- tutional development of American law.1 Occasioning only mild and sporadic interest in the states in the post-Revolutionary period,2 problems of legislative * A.B. 1941, Indiana University; J.D. 1949; Assistant Professor of Law, Indiana Uni- versity School of Law. 1. HURST, THE GROWTH OF AMERICAN LAW, THE LAW MAKERS 88 (1950). "O 1ur two-chambered legislatures . were adopted mainly by default." Id. at 140. During this same period and by 1840 many city councils, unicameral in colonial days, became bicameral, the result of easy analogy to state governmental forms. The trend was reversed, and since 1900 most cities have come to use one chamber. MACDONALD, AmER- ICAN CITY GOVERNMENT AND ADMINISTRATION 49, 58, 169 (4th ed. 1946); MUNRO, MUNICIPAL GOVERN-MENT AND ADMINISTRATION C. XVIII (1930). 2. "[T]he [American] political theory of a second chamber was first formulated in the constitutional convention held in Philadelphia in 1787 and more systematically developed later in the Federalist." Carroll, The Background of Unicameralisnl and Bicameralism, in UNICAMERAL LEGISLATURES, THE ELEVENTH ANNUAL DEBATE HAND- BOOK, 1937-38, 42 (Aly ed. 1938). The legislature of the confederation was unicameral. ARTICLES OF CONFEDERATION, V. Early American proponents of a bicameral legislature founded their arguments on theoretical grounds. Some, like John Adams, advocated a second state legislative house to represent property and wealth.
    [Show full text]