The Constitutional System of Turkey: 1876 to the Present
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By doing this, it also challenges the conceptualization of honor as a value system or a structure upon which a monolithic Mediterranean culture has been constructed. Yet, on the other hand, the legal codification of honor in the Criminal Codes of the nineteenth century reflects a novel constitutional construction of gendered citizenship around reproduction in the conjugal family through the partnership of the patriarchal state and male subjects. One should note here that the analysis of the Tanzimat legal reforms of the nineteenth century are confined only to the discursive analysis of texts, whereas, the eighteenth-century legal culture has been analyzed through both legal discourse and practices.
Hence, the idea that the ruler represents an exemplary moral model for his subjects and therefore determines the moral order of the society he rules is a very ancient one upon which early Ottoman political thought was established. On the contrary, the idea of the circle was also a very ancient Mediterranean and Near Eastern philosophical tradition which had an impact on political thinking.
The Near Eastern conception of the state puts the ruler, with divine appointment, at the center of the polity in which he had a reciprocal relationship with his subjects through production, taxation and justice, above all the other classes in the society Darling Yet, there was almost no disagreement among Ottoman political thinkers that Ottoman society was organized in social classes i. To establish a reciprocal system of governance and organize the social relationships between different classes and groups in an anticipated balance, the circle implies that there must be specialized institutions such as the finances to manage the agricultural infrastructure provided by the state, laws and revenue surveys, and the courts of petitions.
Thus, the idea of circle served the interests of the Ottomans who were in a process of state formation and bureaucratization through different institutions after the sixteenth century. The necessity of maintaining public order through administrative and penal regulations gave rise to Ottoman legal institutions, as had also happened in other Muslim societies before the Ottomans.
It was in fact established upon the medieval Islamic notion of mazalim jurisdiction. Mazalim courts which allowed subjects to petition directly the caliph in the case of injustices perpetrated by official and semi-official powers were established in medieval Islamic Arab and Iranian states before the emergence of the Ottoman Empire. It functioned as a parallel but superior judiciary organ that heard petitions, judged some important cases of petitioners in its own court divan or sent imperial orders to provincial governors and judges in order to resolve issues there.
On the other hand, defining legitimacy through justice and the other way around can also be read as part of the process of the bureaucratization and institutionalization which enabled authors to envisage a reform agenda through practical administrative measures. For example, some authors compiled private law books kanunname based on both old kadim and contemporary statutes from imperial registers to be implemented.
I look at the interaction between the government and its subjects through petitioning the Imperial Council and analyze the legal discourse mutually deployed in this interaction in order to demonstrate a continuation of a reciprocal relationship between the state and the subjects through legitimacy and justice. I also argue that the notion of honor played a central role in claims over legitimacy and justice in such a mutually constructed relationship in the eighteenth century.
Thus, moral discourse over legitimacy continued but on different terms due to changing social and political dynamics in the following centuries. The reconfiguration of power structure as a result of economic and social restructuring in the late seventeenth and early eighteenth centuries in favor of monetary economy and introduction of a more decentralized system of tax-farming affected and increased the legal surveillance by the Ottoman state.
The fragmented power structure and increasing autonomy of the provincial powers triggered a vigilant scrutiny of public and social order by the Ottoman state in this period. In this changing relationship between the Ottoman central government and its subjects, the petitioning process must have played an important role in the intermingling of different genres and in transmission of moral values and legal categories reflecting these values.
Scott Taylor explains this in relation to the notion of justice:. In this way, honor and sexual could be touchstones for the legitimacy of power. If everyone feels honored, then the hierarchical distribution of power can seem fair; but if the subjects of empire feel humiliated, the power that acts on them becomes illegitimate. As we will see in more detail in the following pages, the legal terms associating sexuality with honor were generally used in petitions in which the early-modern central government and subjects were in dialogue with each other, albeit in an indirect manner.
Petitioners were well aware of the power of rhetoric. They knew that their petitions must attract the attention of the Imperial Council personnel to be considered worthy of a hearing in the Imperial Council. The crafting of a plausible narrative—albeit within the limits of the official language—was at the center of the petitioning activity. Rather, looking at how the narratives were formulated through this collaborative endeavor and seeing what kind of rhetorical strategies were employed gives us important clues about the moral and social sensibilities of Ottoman subjects.
May you, most excellent and merciful master, be well and strong! There is a host of legal documents, including petitions, imperial decrees and court records describing other events in mid-eighteenth-century Anatolia in almost exactly the same way the above petition describes the sexual assault on Fatime. These petitions and the imperial decrees mention not only generic types of violence associated with banditry, such as plundering crops, attacking houses and killing innocent people, but also, and with almost no exception, incidents concerning their sexual violence.
Fundamental Aims and Duties of the State is defined in Article 5. Constitution establishes a separation of powers between the Legislative Power 7. The separation of powers between the legislative and the executive is a loose one, whereas the one between the executive and the legislative with the judiciary is a strict one.
Part Two of the constitution is the bill of rights. Article Twelve guarantees "fundamental rights and freedoms", which are defined as including the:. Many of these entrenched rights have their basis in international bills of rights , such as the Universal Declaration of Human Rights , which Turkey was one of the first nations to ratify in December Besides the provisions establishing Turkey as a secular state, Article 10 goes further with regards to equality of its citizens by prohibiting any discrimination based on their " language , race , color, sex , political opinion , philosophical convictions or religious beliefs " and guaranteeing their equality in the eyes of the law.
Borrowing from the French Revolutionary ideals of the nation and the Republic, Article 3 affirms that "The Turkish State, with its territory and nation, is an indivisible entity. Its language is Turkish ". Article 66 defines a Turkish civic identity: "everyone bound to the Turkish state through the bond of citizenship is a Turk".
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Article 26 establishes freedom of expression and Articles 27 and 28 the freedom of the press, while Articles 33 and 34 affirm the freedom of association and freedom of assembly , respectively. Classes are considered irrelevant in legal terms A The Constitution affirms the right of workers to form labor unions "without obtaining permission" and "to possess the right to become a member of a union and to freely withdraw from membership" A Articles 53 and 54 affirm the right of workers to bargain collectively and to strike , respectively.
Article Seven provides for the establishment of a unicameral parliament as the sole organ of expression of sovereign people. Article Six of the Constitution affirms that "sovereignty is vested fully and unconditionally in the nation" and that "the Turkish Nation shall exercise its sovereignty through the authorised organs as prescribed by the principles laid down in the Constitution". 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".
Article 80 A80 affirms the principle of national sovereignty : "members of the Turkish Grand National Assembly represent, not merely their own constituencies or constituents , but the Nation as a whole". Part Three, Chapter One Articles sets the rules for the election and functioning of the Turkish Grand National Assembly as the legislative organ, as well as the conditions of eligibility A76 , parliamentary immunity A83 and general legislative procedures to be followed. Per Articles 87 and 88, both the government and the parliament can propose laws, however it is only the parliament that has the power to enact laws A87 and ratify treaties of the Republic with other sovereign states A The President of the Republic is elected by the parliament and has a largely ceremonial role as the Head of State , "representing the Republic of Turkey and the unity of the Turkish Nation" A Article Nine affirms that the " judicial power shall be exercised by independent courts on behalf of the Turkish Nation".
Part Four provides the rules relating to their functioning and guarantees their full independence A Part Four, Section Two allows for a Constitutional Court that rules on the conformity of laws and governmental decrees to the Constitution. It may hear cases referred by the President of the Republic, the government, the members of Parliament A or any judge before whom a constitutional issue has been raised by a defendant or a plaintiff A 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 A Part Three, Chapter Two, Section Four organizes the functioning of the central administration and certain important institutions of the Republic such as its universities A , local administrations A , fundamental public services A and national security A Article stipulates that "the organisation and functions of the administration are based on the principles of centralization and local administration".
The Chief of General Staff of the TAF is responsible to the Prime Minister in the exercise of his functions, and the latter is responsible, along with the rest of the Council of Ministers, before the parliament A National Security Council is an advisory organization, comprising the Chief of General Staff and the four main Commanders of the TAF and select members of the Council of Ministers, to develop the "national security policy of the state" A It does not recognize the right to popular initiatives: Only the members of Parliament can propose modifications to the Constitution.
A revision of the Constitution was approved on September 13, by a 58 percent approval given by the 39 million people who voted. 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. The changes also remove the immunity from prosecution the former leaders of the early s military coup gave themselves.
The Constitution of has been criticized as limiting individual cultural and political liberties in comparison with the previous constitution of Per the Treaty of Lausanne which established the Turkish Republic, legally, the only minorities are Greeks , Armenians and Jews , which also have certain privileges not recognized to other ethnic communities, per the treaty.
Article makes the President non-liable in executive matters. According to this Article, all decisions of the President are subject to the counter-signature of the Prime Minister and the minister concerned the responsibility for these decisions is therefore assumed by the Prime Minister and the minister concerned. Article also regulates the criminal responsibility of the President. According to the last paragraph of this Article:. The ministers are nominated by the Prime Minister and appointed by the President of the Republic, or from among those eligible for election as deputies; and they can be dismissed by the President of the Republic, upon the proposal of the Prime Minister when deemed necessary.
The Council of Ministers is legally formed by the approval of the President; then a vote of confidence in parliament is taken in accordance with the procedure stated in Article If the Grand National Assembly of Turkey is in recess, it is summoned to meet. The Government Program of the Council of Ministers is read by the Prime Minister or by one of the ministers before the Grand National Assembly of Turkey within a week of the formation of the Council of Ministers at the latest and then a vote of confidence is taken.
Debate on the vote of confidence begins two full days after the reading of the program and the vote is taken one full day after the end of debate. Although Article does not clearly state what kind of majority shall be sufficient for the vote of confidence, under the Standing Orders of the Assembly, a simple majority suffices. The Council of Ministers is collectively responsible before the parliament on account of its general policies. Both collective and individual responsibilities of ministers are invoked through interpellations according to Article 99 of the Constitution.
Ever since the adoption of the Constitution, the judiciary has been regarded as an independent branch. However, its independence was sufficiently guaranteed only by the Constitution of According to Article 9 of the Constitution the judicial power is exercised by the independent courts on behalf of the Turkish Nation. No organ, authority, office or individual may give orders or instructions to courts or judges relating to the exercise of judicial power, send them circular, or make recommendations or suggestions.
No questions can be asked, debates held, or statements made in the Legislative Assembly relating to the exercise of judicial power concerning a case under trial. Legislative and executive organs and the administration are obliged to comply with court decisions; these organs and the administration neither alter them in any respect, nor delay their execution. In addition, Article provides tenure for judges and public prosecutors in personnel matters. Exceptions indicated in law relating to those convicted for an offence requiring dismissal from the profession, those who are definitely established as unable to perform their duties on account of ill-health, and those determined as unsuitable to remain in the profession, are reserved.
Moreover, Article authorizes the Supreme Council of Judges and Public Prosecutors to make decisions about matters concerning personnel matters of judges and public prosecutors, their appointment, promotion, and disciplinary affairs. The President of the Council is the Minister of Justice. The Undersecretary to the Minister of Justice is an ex-officio member of the Council. Three regular and three substitute members of the Council are appointed by the President of the Republic for a term of four years from a list of three candidates nominated for each vacant office by the Plenary Assembly of the Court of Cassation from among its own members and two regular and two substitute members are similarly appointed from a list of three candidates nominated for each vacant office by the Plenary Assembly of the Council of State.
The constitutional system of Turkey : 1876 to the present
They may be re-elected at the end of their term of office. The Council elects a deputy president from among its elected regular members. The Supreme Council of Judges and Public Prosecutors deals with the admission of judges and public prosecutors of courts of justice and of administrative courts into the profession, appointments, transfers to other posts, the delegation of temporary powers, promotion, and promotion to the first category, the allocation of posts, decisions concerning those whose continuation in the profession is found to be unsuitable, the imposition of disciplinary penalties and removal from office.
It takes final decisions on proposals by the Ministry of Justice concerning the abolition of a court or an office of judge or public prosecutor, or changes in the jurisdiction of a court. It also exercises the other functions given to it by the Constitution and laws. Thus, personnel matters of judges and public prosecutors are removed from the influence of the legislative and executive branches. However, the ex-officio membership of Ministry of Justice and the Undersecretary to the Minister of Justice creates doubts about the full impartiality of the Council.
This provision not only weakens the personal safeguards of judges and public prosecutors but also creates a conflict with the principle of the rule of law stated in Article 2. The Constitution regulates the supreme courts in its third part. The Constitutional Court established by the Constitution is regulated by the Constitution in Articles Article of the Constitution defines the powers and duties of the Court:.
Constitutional amendments shall be examined and verified only with regard to their form. However, no action shall be brought before the Constitutional Court alleging unconstitutionality as to the form or substance of decrees having the force of law issued during a state of emergency, martial law or in time of war.
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The verification of laws as to form shall be restricted to consideration of whether the requisite majority was obtained in the last ballot; the verification of constitutional amendments shall be restricted to consideration of whether the requisite majorities were obtained for the proposal and in the ballot, and whether the prohibition on debates under urgent procedure was complied with. Verification as to form may be requested by the President of the Republic or by one-fifth of the members of the Turkish Grand National Assembly.
Applications for annulment on the grounds of defect in form shall not be made more than ten days after the date on which the law was promulgated; nor shall objection be raised. The Constitutional Court shall also perform the other functions given to it by the Constitution.
The Court of Cassation or The Supreme Court, regulated in Article , is empowered to make final decisions on conflicts concerning private and criminal laws. It shall also be the first and last instance for dealing with specific cases prescribed by law. Members of the Court of Cassation shall be appointed by the Supreme Council of Judges and Public Prosecutors from among first category judges and public prosecutors of the Republic, of the courts of justice, or those considered to be members of this profession, by secret ballot and by an absolute majority of the total number of members.
The first president, first deputy presidents and heads of division shall be elected by the Plenary Assembly of the Court of Cassation from among its own members, for a term of four years, by secret ballot and by an absolute majority of the total number of members; they may be re-elected at the end of their term of office.
The Chief Public Prosecutor of the Republic and the Deputy Chief Public Prosecutor of the Republic of the Court of Cassation shall be appointed by the President of the Republic for a term of four years from among five candidates nominated for each office by the Plenary Assembly of the Court of Cassation from among its own members by secret ballot. The organization, the function, the qualifications and procedures of election of the president, deputy presidents, the heads of division and members and the Chief Public Prosecutor of the Republic and the Deputy Chief Public Prosecutor of the Republic of the Court of Cassation shall be regulated by law in accordance with the principles of the independence of courts and the security of tenure of judges.
The Council of State is regulated in Article of the Constitution. The Council is authorized to make final decisions concerning the decisions of lower-level administrative courts. It is also authorized to make first and final decision on particular matters. The Council of State shall try administrative cases, give its opinion within two months of time on draft legislation, the conditions and the contracts under which concessions are granted concerning public services which are submitted by the Prime Minister and the Council of Ministers, examine draft regulations, settle administrative disputes and discharge other duties as prescribed by law.
Three-fourths of the members of the Council of State shall be appointed by the Supreme Council of Judges and Public Prosecutors from among the first category administrative judges and public prosecutors, or those considered to be of this profession; and the remaining quarter by the President of the Republic from among officials meeting the requirements designated by law. The president, chief public prosecutor, deputy president, and heads of division of the Council of State shall be elected by the Plenary Assembly of the Council of State from among its own members for a term of four years by secret ballot and by an absolute majority of the total number of members.
The organization, the functioning, the qualifications and procedures of election of the president, the chief public prosecutor, the deputy presidents and the heads of division and the members of the Council of State, shall be regulated by law in accordance with the principles of specific nature of the administrative jurisdiction, and of the independence of the Courts and the security of tenure of judges. The Military Court of Cassation or the Military Supreme Court is regulated in Article of the Constitution and authorized to make final decisions concerning criminal matters, which are within the competence of the military penal courts.
It shall also be the first and last instance for dealing with specific cases designated by law concerning military personnel. Members of the Military High Court of Appeals shall be appointed by the President of the Republic from among three candidates nominated for each vacant office by the Plenary Assembly of the Military High Court of Appeals from among military judges of the first category, by secret ballot and by an absolute majority of the total number of members. The president, chief public prosecutor, second presidents and heads of division of the Military High Court of Appeals shall be appointed according to rank and seniority from among the members of the Military High Court of Appeals.
The organization, the functioning of the Military High Court of Appeals, and disciplinary and personnel matters relating to the status of its members shall be regulated by law in accordance with the principles of the independence of the courts and the security of tenure of judges and with the requirements of military service. The Supreme Military Administrative Court is regulated in Article of the Constitution and authorized to make first and final decisions on matters concerning military personnel and military services. However, in disputes arising from the obligation to perform military service, there shall be no condition that the person concerned be a member of the military body.
Members of the High Military Administrative Court of Appeals who are military judges shall be appointed by the President of the Republic from a list of three candidates nominated for each vacant office by the president and members of the Court, who are also military judges, by secret ballot and by an absolute majority of the total number of such members, from among military judges of the first category; members who are not military judges shall be appointed by the President of the Republic from a list of three candidates nominated for each vacant office by the Chief of the General Staff from among officers holding the rank and qualifications prescribed by law.
The term of office of members who are not military judges shall not exceed four years. The president, chief public prosecutor and head of division of the Court shall be appointed from among military judges according to rank and seniority. The organization and functioning of the High Military Administrative Court, its procedure, disciplinary affairs and other matters relating to the status of its members shall be regulated by law in accordance with the principles of the independence of the courts and the security of tenure of judges within the requirements of military service.
The Court of Conflict is regulated in Article of the Constitution and authorized to resolve conflicts between civil, administrative and military courts. The organization of the Jurisdictional Court of Disputes the qualifications of its members and the procedure for their election, and its functioning shall be regulated by law. The office of president of this Court shall be held by a member delegated by the Constitutional Court from among its own members. Decisions of the Constitutional Court shall take precedence in jurisdictional disputes between the Constitutional Court and other courts.
The Court of Accounts is regulated in Article of the Constitution. It is authorized to supervise on all public expenditures on behalf of the Turkish Grand National Assembly. Parties concerned may file a single request for reconsideration of a final decision of the Audit Court within fifteen days of the date of written notification of the decision.
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No applications for judicial review of such decisions shall be filed in administrative courts. In the event of a dispute between the Council of State and the Audit Court concerning decisions on matters of taxation or similar financial obligations and duties, the decision of the Council of State shall take precedence. The administrative system of Turkey combines the principles of centralization and decentralization.
The central administration is regulated by Article of the Constitution. The National Security Council is a constitutional institution, which was established by the Constitution. The Council was composed of civil and military members and authorized to make decisions concerning national security matters.
The constitutional amendments of , which were adopted under the influence of the Armed Forces following the 12 March intervention, reinforced the representation of the military within the Council. Despite these amendments, the Council maintained its consultative character.
The Constitution maintained the Council as a constitutional institution but substantially amended its structure by increasing the number of its military members while reinforcing the binding effect of its decisions. According to the original text of the Constitution Article :. The structure of the National Security Council and the effects of its decisions over the Council of Ministers were significantly amended by the constitutional reforms, which will be examined below.
The State Supervisory Council. The State Supervisory Council was established by the Constitution in Article , which states that:. The Armed Forces and all judicial bodies are outside the jurisdiction of the State Supervisory Council. The members and the Chairman of the State Supervisory Council shall be appointed by the President of the Republic from among those with qualifications set forth in the law. The functioning of the State Supervisory Council, the term of office of its members, and other matters relating to their status shall be regulated by law.
The primary sources of Turkish law are the constitution, laws, law amending ordinances, international treaties, regulations, and by-laws. The constitution is the highest source of Turkish legal order because of the principle of the supremacy of the constitution. This principle was adopted by the Constitution. It was maintained by the , , and Constitutions, and it was reinforced by the Constitution, which established the Constitutional Court. The Constitution maintained both this principle and the judicial review power of the Constitutional Court over laws and law amending ordinances.
According to Article 11 of the Constitution:. Laws shall not be in conflict with the Constitution. Article of the Constitution regulates the review of constitutionality by the Constitutional Court. Constitutional amendments shall be reviewed and controlled only with regard to their form. However, no action shall be brought before the Constitutional Court alleging unconstitutionality as to the form or substance of law amending ordinances issued during a state of emergency, martial law or in time of war. The review of laws as to form shall be restricted to consideration of whether the requisite majority was obtained in the last ballot; the review of constitutional amendments shall be restricted to consideration of whether the requisite majorities were obtained for the proposal and in the ballot, and whether the prohibition on debates under urgent procedure was complied with.
Review as to form may be requested by the President of the Republic or by one-fifth of the members of the Turkish Grand National Assembly. Applications for annulment on the grounds of defect in form shall not be made more than ten days after the date on which the law was promulgated; nor shall not be put forward by way of objection.
Under the original text of the Constitution, three categories of legal texts were excluded from the constitutionality review of the Constitutional Court. These were the Reform Laws stated in Article , legislative acts adopted by the National Security Council regime stated in the third paragraph of the transitional Article 15, and law-amending ordinances, which are adopted under a state of emergency or martial law as, stated in Article Granting judicial immunity to these texts may be considered incompatible with the principle of the rule of law and with the principle of the supremacy of the constitution.
However, the Constitution grants judicial immunity to the Reform Laws in Article because of the crucial importance of these laws for the secular republic. In fact, the fundamental aims of the Reform Laws were to eliminate religious elements from the constitutional and legal order of modern Turkey. Some of these Reform Laws aimed at establishing western norms to consolidate secularism. Granting judicial immunity to the legislative acts adopted by the National Security Council regime in the third paragraph of the transitional Article 15 is one of the exit-guarantees that the military government obtained during the transition to civilian government.
This prerogative was eliminated from the Constitution in Finally, granting judicial immunity for law amending ordinances adopted under a state of emergency or martial law is not compatible with the principle of the rule of law and the supremacy of the constitution. It must be added here that, like its predecessor, the Constitution of provides judicial immunity for international treaties in Article However, this provision cannot be considered incompatible with the principle of the rule of law.
Its purpose is to protect the state from responsibility under international law and international sanctions. Article 87 of the Constitution authorized the Turkish Grand National Assembly to make, amend, and abrogate laws. Legislative bills are proposed by the Council of Ministers and individual deputies as stated in Article Such bills are debated and adopted by the Parliament in its plenary session in accordance with the Constitution and the Standing Orders of the Grand National Assembly.
The Constitution requires a simple majority for the adoption of ordinary laws in Article Members of the Council of Ministers may delegate a minister to vote on their behalf in sessions of the Turkish Grand National Assembly, which they are unable to attend. However, a minister shall not cast more than two votes including his or her own. Legislative bills adopted by the Grand National Assembly are submitted to the President of the Republic in accordance with Article 89 of the Constitution.
The President shall either sign the bill within fifteen days or return it partially or entirely to the Grand National Assembly for reconsideration within the same period. However, budget laws are excluded from this power of the President due to time considerations. If the Grand National Assembly readopts the bill without a change the bill shall be promulgated by the President. Laws are only enacted by publication in the Official Gazette.
Law amending ordinances have the same legal effects as laws. Law amending ordinances were first introduced by the amendment of to the Constitution and maintained by the Constitution. The Constitution distinguishes between the two categories of law amending ordinances: ordinances adopted under normal circumstances as stated in Article 91; and those adopted under circumstances of state of emergency and martial law.
However, the fundamental rights, individual rights and duties included in the First and Second Chapter of the Second Part of the Constitution and the political rights and duties listed in the Fourth Chapter, cannot be regulated by law amending ordinances except during periods of martial law and state of emergency.
The empowering law shall define the purpose, scope, principles, and operative period of the law amending ordinances, and whether more than one decree will be issued within the same period. Resignation or fall of the Council of Ministers, or expiration of the legislative term shall not cause the termination of the power conferred for the given period. When approving a law-amending ordinance before the end of the prescribed period, the Turkish Grand National Assembly shall also state whether the power has terminated or will continue until the expiry of the said period.
Provisions relating to law amending ordinances issued by the Council of Ministers meeting under the chairmanship of the President of the Republic in time of martial law or state of emergency, are reserved. Law amending ordinances shall come into force on the day of their publication in the Official Gazette. However, a later date may be indicated in the ordinance as the date of entry into force. Ordinances are submitted to the Turkish Grand National Assembly on the day of their publication in the Official Gazette. Empowering laws and law amending ordinances, which are based on these, shall be discussed in the committees and in the plenary sessions of the Turkish Grand National Assembly with priority and urgency.
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Ordinances not submitted to the Turkish Grand National Assembly on the day of their publication shall cease to have effect on that day and those rejected by the Turkish Grand National Assembly shall cease to have effect on the day of the publication of the decision in the Official Gazette.
The amended provisions of the ordinances which are approved as amended shall go into force on the day of their publication in the Official Gazette. These ordinances shall be published in the Official Gazette, and shall be submitted to the Turkish Grand National Assembly on the same day for approval; the time limit and procedure for their approval by the Assembly shall be indicated in the Standing Orders.
Agreements regulating economic, commercial and technical relations, and covering a period of no more than one year, may be put into effect through promulgation, provided they do not entail any financial commitment by the state, and provided they do not infringe upon the status of individuals or upon the property rights of Turkish citizens abroad. In such cases, these agreements shall be submitted to the Turkish Grand National Assembly for information within two months of their promulgation. Agreements in connection with the implementation of an international treaty, and economic, commercial, technical, or administrative agreements, which are concluded depending on the authorization as stated in the law, shall not require the approval of the Turkish Grand National Assembly.
However, agreements concluded under the provision of this paragraph and affecting economic or commercial relations and the private rights of individuals shall not be put into effect unless promulgated. Agreements resulting in amendments to Turkish laws shall be subject to the provisions of the first paragraph.
International treaties, which are duly put into effect, have the same effect as domestic laws. No appeal to the Constitutional Court shall be made with regard to these agreements, on the grounds that they are unconstitutional. In case of conflicts between international agreements duly put into effect regarding basic rights and freedoms and domestic laws, due to different provisions on the same issue, the provisions of international treaties shall be prevail. The original text of Article 90 stated that international treaties, which were duly put into effect, have the same effect as domestic laws.
Therefore, in case of a conflict between a domestic law and an international treaty, the principles of lex posteriori derogat legi anteriori , and lex specialis derogat legi generali, were to apply. The constitutional amendment of changed the status of international treaties concerning fundamental rights and liberties in the legal hierarchy. Thus, the status of such treaties was elevated to a place between the constitution and ordinary domestic laws. In the hierarchical structure of Turkish legal order, regulations are ranked third in importance.
Like its predecessors, the Constitution of authorizes the Council of Ministers to make regulations in accordance with the constitution and laws in its Article Regulations shall be signed by the President of the Republic and promulgated in the same manner as laws. Regulations are subject to the legality review of the administrative courts as stated in the Article By-laws are regulated in the Article of the Constitution.
The law shall designate which by-laws are to be published in the Official Gazette. Contrary to Anglo-American law, in Turkey jurisprudence is not considered one of the main sources of law, since all Republican Constitutions made the Grand National Assembly the sole authority to make law and prohibited the delegation of legislative power to any governmental agency. However, judicial decisions are not entirely without a binding effect in Turkish law. Decisions of the supreme courts have a binding effect on the decisions of lower courts within their jurisdiction.
Constitutional Amendments. The Constitution of has so far been amended several times. These amendments broadened the scope of rights and liberties, eliminated some of their restrictions, and strengthened their constitutional safeguards.