Political System and Structure of the State THE 1982 CONSTITUTION OF THE TURKISH Turkish Grand National Assembly (TBMM) REPUBLIC The Turkish Grand National Assembly is the legislative au- There have been four different constitutions in force since thority of the Turkish state. The “Grand National Assembly”, the foundation of the Turkish Republic. These are the 1921 the name of which was changed to “Turkish Grand National Constitution, the 1924 Constitution, the 1961 Constitution Assembly” in 1921, was opened on 23 April 1920. In its and the 1982 Constitution. The 1982 Constitution, which second meeting on 24 April 1920 Mustafa Kemal Atatürk is currently in force, was drafted after the coup d’état of was declared the President of the Assembly and remained 12 September 1980 and adopted on 7 November 1982 in this office until he was elected as President of the Turk- with the referendum held that day. The Constitution was ac- ish Republic on 29 October 1923. In these first years of cepted with 91.17% of the votes. However, the legitimacy of the Assembly, it was both a legislative and executive organ the 1982 Constitution is still being discussed because it was of the Republic. This was the case until the 1961 Constitu- imposed by the military regime and the referendum was run tion, which was drafted after the 1960 coup d’état by the under martial law. “Constituent Assembly” formed by the military. In this Con- The first three articles of the 1982 Constitution define stitution, the principle of separation of powers was adopted. the founding principles of the Turkish Republic, which are Another important aspect of this Constitution was the bicam- declared in Article 4 to be inalterable by any means. The eral structure of the Assembly, which was now comprised by Constitution defines Turkey as a republic and as a demo- the National Assembly and the Senate of the Republic. With cratic, secular and social state governed by rule of law. The the 1982 Constitution, the unicameral assembly structure main aim and the duties of the state are to protect the inde- was re-established. pendence and integrity of the Turkish Nation, the indivisibility The main functions of TBMM are to make laws; to monitor of the country, the Republic and democracy; to provide the the executive body, the Cabinet and Ministers; and to debate welfare, peace and well-being of individuals; and to eliminate and approve the budget. After the parliamentary elections political, social and economic barriers that inhibit the basic the Assembly holds its first meeting where the members take rights of individuals. In the 1982 Constitution, state sover- their oaths. The legislative period is the time between two eignty belongs to the Nation. Articles 7, 8, and 9 consist parliamentary elections, and the legislative year begins on of definitions of the legislative, executive and judicial pow- 1 October and ends on 30 September. The members of the ers of the state respectively, these being separated by the Assembly and the Council of Ministers can propose laws and Constitution. The legislative organ of the Turkish state is the draft bills. They send their proposals to the Presidency of the Turkish Grand National Assembly in the name of the Turkish Assembly, which forwards the law proposals to the related Nation. Executive power is exercised by the President and committees. While the main committees should conclude the Cabinet (Council of Ministers). Judicial authority is exer- their discussions on the proposals within 45 days, second- cised by independent courts. All individuals are equal before ary committees should send their views on the law propos- the law without discrimination, according to the Article 10 als within 10 days. Committee reports are sent back to the of the Constitution. Presidency of the Assembly to be included in the agenda of On seventeen occasions between 1987 and 2010 changes the General Assembly. In the meeting of the General Assem- have been made to different articles of Turkey’s 1982 Con- bly political party groups, the government and parliament stitution. The most recent change was made after the Turk- members discuss the proposals. After the discussion, a vote ish public accepted the changes proposed in the referendum is taken on whether the proposals are to be accepted or re- held on 12 September 2010. These were comprehensive jected. The laws are then sent to the President of the Turkish constitutional changes which affect the structure of the ju- Republic and they are published in the Official Gazette after diciary system, and human and labour rights. Moreover, the being signed by the President. project of introducing a new civilian constitution is on the The Turkish Grand National Assembly has 550 members in agenda of most of the Turkish political parties as a promise total. These members are elected by the public in the parlia- for the 2011 elections. mentary elections. The members of the Assembly have legis- 213 lative immunity. This means that, unless the Assembly decides do not conform with the Constitution; and, if necessary, sub- otherwise, a member who is accused of having committed a mitting legislation related to Constitutional changes to referen- crime shall not be arrested, interrogated, detained or tried. dum. The executive powers and duties include appointing the There is controversy in Turkey as to whether such legislative Prime Minister and the Ministers as proposed by the Prime immunity should be abolished or not. Minister; leading the Council of Ministers when necessary or Within the Turkish Grand National Assembly there is a Bu- calling a meeting of the Council of Ministers; approving inter- reau of the Assembly, along with political parties, a Consulta- national agreements and promulgating them; appointing the tive Committee and 17 Commissions. The President of the Chief of the General Staff; leading the National Security Coun- Assembly, four Deputy Presidents, seven Secretary Members cil; appointing the members of the Higher Education Council and three Administrative Members, all of whom are elected and Rectors of the universities. Appointing the members of the from among the members of parliament, constitute the Bu- Constitutional Court and one quarter of the Council of State Country Profile: Turkey Profile: Country reau of the Assembly. This examines election procedures members are among the judiciary duties and powers of the within the General Assembly. The main duties of the Presi- President. The President also appoints the Chief and the Dep- dent are representing the Turkish Grand National Assembly uty Chief Public Prosecutor of the High Court of Appeals, the outside the parliament; leading the General Assembly; lead- members of the Military High Court of Appeals, the High Mili- ing the Council of Presidency; and supervising the TBMM tary Administrative Court and the Supreme Council of Judges commissions. The President of the Assembly also acts as and Public Prosecutors. Vice President of the Republic when the President is absent. The President is elected through a referendum among the The Consultative Committee delivers an opinion when asked members of the Assembly or among Turkish citizens who are to do so by the President. It is composed of group heads of eligible to be elected as an MP, who are over 40 years old, and political parties which can form a group within the Assembly if who have tertiary educational qualifications. The President is they have at least 20 members in the parliament. Finally, the elected for five years and, at most, can be elected twice con- commissions in the parliament deliver their opinions on draft secutively. This stipulation was adopted with the referendum on bills, proposals of law and decrees. Among the 17 commis- Constitutional change in 2007 with 68.9% of the votes. The sions are the Constitutional Commission; the Justice Com- present President Abdullah Gül is the last to have been elected mission; the National Defence Commission; Internal Affairs by the National Assembly. Commission; Foreign Affairs Commission; the Examination of Human Rights Commission; the European Union Integration The Council of Ministers Commission; the Health, Family, Labour and Social Affairs The Government of the Turkish Republic is formed by the Coun- Commission; and the National Education, Culture, Youth and cil of Ministers under the leadership of the Prime Minister. It Sports Commission. is the main executive organ of the state. The Prime Minister ensures cooperation between the Ministries and monitors the ADMINISTRATIVE STRUCTURE OF THE functioning of the policies and the Government programme. STATE OF THE TURKISH REPUBLIC Each Minister is accountable to the Prime Minister and respon- sible for the work carried out under his jurisdiction and for the In the Turkish Republic the administrative structure is a two- actions of the people under her/his leadership. pillar system which consists of central administration and local In the sixtieth Government of the Turkish Republic, Recep administration. Tayyip Erdoğan is the Prime Minister. There are three Deputy Prime Ministers who are also State Ministers. Additionally, Central Administration there are eight more State Ministers in the sixtieth Cabinet. The ministries are as follows: the Ministry of Justice, the Minis- The central administration is organised in order to fulfil the try of National Defence, the Ministry of Interior, the Ministry of main functions and services of the state and is constituted by Foreign Affairs, the Ministry of Finance, the Ministry of Nation- the President and the Council of Ministers, which consists of al Education, the Ministry of Public Works and Settlement, the the Prime Minister and the ministers. Ministry of Health, the Ministry of Transportation, the Ministry of Agriculture and Rural Affairs, the Ministry of Labour and The President of the Turkish Republic Social Security, the Ministry of Industry and Trade, the Ministry The President of the Turkish Republic is the head of the state of Energy and Natural Resources, the Ministry of Culture and who represents the Republic and the unity of the Turkish Na- Tourism, and the Ministry of Environment and Forests.