Sunday 25 December 2022

Salient Features Of The Constitution Of Turkey

 Salient Features Of The Constitution Of Turkey


(1) Introduction: 

Turkey has grail fall history with remarkable involuntary constitution development. The present constitution of Turkey came into existence. The great Turkish community is witness of many remarkable events. Since the Ottoman Empire 4 constitutions have been made/passed in Turkey, the present constitution was enforced in 1982. This constitution also has been amended. In Turkey presidential form of government is present.

(2) Salient features of constitution of Turkey:  

Following are the Salient features of Constitution of Turkey:

(a) Preamble:

Constitution is enacted with prescribes the high moral values of Turkish national. It talks about legacy modernization, beliefs and political efforts. Preambles are the base of constitution. 

(b) Enacted and Written:

Turkish constitution was passed by Grand National assembly in 1982. It has 177 articles and 7 chapters. This constitution has been amended many times, according to changing needs of the time.

(c) Supremacy of the Constitution:

Turkish constitution is supreme. All the laws of the country subordinate to this constitution. This constitution is living documents which protect the powers rights and duties in a balanced way.

(d) Unitary form of government:

In Turkish there is unitary form of government. The legislative body of Turkey is called Grand National Assembly. This assembly came into existence after the abolishment of Khalafat by Ata-Turk Mustafa Kamal Pasha.

(e) Tenure of legislature:

Grand National Assembly is elected by the adult vote elections. The tenors of this elected for a period of 5years, which can be extended are minimizes according to extraordinary circumstances. Prior to constitution of 1982 there was bicameral system in Turkey. However the present constitutions abolish the office of Senate.

(f) Balanced separation of powers:

In Turkey the separation of powers is balanced. Not any symbol organ of the state can interfere in the matters of any her state organs. Judiciary, executive and legislature all have their particle domain of action. In Turkey separation of powers is neither strictly follows, like America not freely like England. 

(g) Secular State:

Known Turkey is circular state. Anti religious activities were encouraged during reign of after Ata Turk Mustafa Kamal Pasha. It is mentioned in constitution that regions freedom is protected for everyone. In presidential form of government through latest amendments, the concept of Presidential form of government is evolved prior to this Prime Minister was the head of State.

(h) Independence of Judiciary:

In Turkey Judiciary is Independence to exercise its powers freely. As the constitution is supreme so the courts are fully imposed for the administration of Justice, constitution of Turkey gave so many powers to judiciary.

(i) Protections of rights:

Constitution of Turkey gives so much stress is fundamental and basic rights. Many articles of present constitution give importance to personal, individual, collective and universal rights.

(j) Welfare State:

The concept of Welfare state derived from 3rd century BCE. Welfare state provides medical, Institution, Health, Economic etc. The protection of wealth is the responsibilities of the state. In the modern world the welfare state in known as mother of citizens. Nobody cannot live without state, when many societies gather then change into the state. The Turkish constitution makes Turkey a true welfare state.

(k) Unitary form of government:

In unitary form of government all the powers are under in hand of central government. In Turkey there is also unitary form of government. In this government whole system works through single organ, Turkish nation like this type of government.

(l) Sovereignty of Constitution:

Sovereignty means Supreme powers or will of the State. In Turkey the sovereignty is vested to the constitution. Because it is the great will and authority of the State, Sovereignty belongs to the head of state because he has all the powers. The constitution of Turkey was passed in 1982. Sovereignty is responsible for the protection of citizens. It also works for the betterment of state. 

(n) Religion freedom:

In Turkey religions freedom is for every person. Every religion should enjoy the equal rights because religion freedom is their basic right. In Turkey anti religions activities were encourage in the era of Ata Turk Mustafa Kamal Pasha later on the amended constitution and controlled anti religious activities.

(o) Protection of Minorities:

Protection of Minorities is the basic duty of country. It is written clearly in constitution of Turkey minorities should enjoy equal right in state. State works for the betterment of minorities and protect their fundamental rights. 

(3) Conclusion:  

To conclude I can say that Turkey is a unique and secular state. Turkish constitution was passed in 1982 by Grand National Assembly. The tenure on this assembly is 5 years. It judiciary, executive and legislative are independent to exercise its powers freely. Every system of state work in their own domain and Turkish government also works for the welfare of state through the enforcement of law. Constitution of Turkey has 177 articles and 7 chapters. In 2017 the amendment in constitution the Turkey has presidential form of government.

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