1961 Constitution

1961 Constitution
Referendum for the Constitution
• 61,5 % YES
• 38,5 % NO
“NO”= İzmir, Aydın, Denizli, Kütahya, Manisa,
Bursa, Sakarya, Bolu, Çorum, Zonguldak,
Sakarya, Samsun.
(48-49% “No”= Muğla, Kahramanmaraş,
Antalya, Çanakkale, Balıkesir)
* Tunceli, Mardin= Over 95% “Yes”
1961 Referendum Results
Red=No; Blue=Yes
1961 Constitution
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Long and detailed, 157 Articles
General Principles (Art. 1-9)
Fundamental Rights and Duties (Art. 10-34)
Social and Economic Rights and Duties (Art. 35-53)
Political Rights and Duties (Art. 54-62)
The Basic Organization of the Republic (Art. 63-152)
– Section One: Legislative Power (Art. 63-94)
– Section Two: Executive Power (Art. 95-131)
– Section Three: The Judiciary (Art. 132-152)
• Miscellanous Provisions (Art. 153-154)
• Temporary Provisions (11 Temporary Articles)
• Final Provisions (Art. 155-157)
PREAMBLE of the CONSTITUTION
• Having enjoyed freedom
and fought for her rights
and liberties throughout her
history, and having achieved
the Revolution of May 27,
1960 by exercising her right
to resist the oppression of a
political power which had
deteriorated into a state of
illegitimacy through
behavior and actions
contrary to the rule of law
and the Constitution, the
Turkish Nation…
• Tarihi boyunca bağımsız
yaşamış, hak ve hürriyetleri
için savaşmış olan; Anayasa
ve hukuk dışı tutum ve
davranışlarıyla meşruluğunu
kaybetmiş bir iktidara karşı
direnme hakkını kullanarak
27 Mayıs 1960 Devrimini
yapan Türk Milleti…
Preamble (continued)
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…the Turkish Nation, prompted and
inspired by the spirit of Turkish
nationalism, which unites all
individuals, be it in fate, pride or
distress, in a common bond as an
indivisible whole around national
consciousness and aspirations, and
which has as its aim always to exalt
our nation in a spirit of national unity
as a respected member of the
community of the world of nations
enjoying equal rights and privileges;
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…Türk Milleti, bütün fertlerini
kaderde, kıvançta ve tasada ortak,
bölünmez bir bütün halinde, milli
şuur ve ülküler etrafında toplayan ve
milletimizi dünya milletleri ailesinin
eşit haklara sahip şerefli bir üyesi
olarak milli birlik ruhu içinde daima
yüceltmeyi amaç bilen Türk
Milliyetçiliğinden hız ve ilham alarak
ve,
Preamble (continued)
• ..With full dedication to the
principle of “peace at home,
peace in the world” and with
full dedication to the spirit of
national independence, and
sovereignty and to the reforms
of Atatürk; guided by the
desire to establish a
democratic rule of law based
on juridical and social
foundations, which will ensure
and guarantee human right
and liberties, national
solidarity, social justice, and
the welfare and prosperity of
the individual and society;
• ..“Yurtta Sulh, Cihanda Sulh”
ilkesinin, Milli Mücadele
ruhunun, millet egemenliğinin,
Atatürk Devrimlerine bağlılığın
tam şuuruna sahip olarak;
insan hak ve hürriyetlerini,
milli dayanışmayı, sosyal
adaleti, ferdin ve toplumun
huzur ve refahını
gerçekleştirmeyi ve teminat
altına almayı mümkün kılacak
demokratik hukuk devletini
bütün hukuki ve sosyal
temelleriyle kurmak için,
Preamble (continued and end)
• ..now theretofore, the
Turkish Nation hereby
enacts and proclaims this
Constitution drafted by the
Constituent Assembly of the
Turkish Republic, and
entrusts it to the vigilance
of her sons and daughters
who are devoted to the
concepts of freedom, justice
and integrity, with the
conviction that its basic
guarantee lies in the hearts
and minds of her citizens.
• …Türkiye Cumhuriyeti
Kurucu Meclisi tarafından
hazırlanan bu Anayasayı
kabul ve ilan ve Onu, asıl
teminatın vatandaşın
gönüllerinde ve iradelerinde
yer aldığı inancı ile,
hürriyete, adalete ve
fazilete aşık evlatlarının
uyanık bekçiliğine emanet
eder.
Rights and Liberties
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Listed in detail and protected. Art.11: The essence of liberties cannot even
be limited for reasons of national security.
Individual rights: Personal immunity, individual privacy, immunity of
domicile, personal communications, freedom of travel and residence,
freedom of thought, freedom of faith, freedom of science and arts,
freedom of press, freedom to publish newspapers, journals, books,
freedom of march and demonstration , freedom association, right to
appear before relevant court
Social rights and liberties: State will do land reform, expropriation,
nationalization for citizens; equity of wages, right to found trade unions,
right to enter collective bargaining, right to strike, social security and
medical care, primary education compulsory.
Political rights: citizenship, right to elect and to being elected; right to
found political parties, right to enter public service, right of petition
LEGISLATIVE
• TGNA (Assembly) not the only place where
sovereignty emerges.
• High Board of Elections established to oversee
electoral processes.
• Bicameral: House of Representatives (=Millet Meclisi)
+ Senate of the Republic (=Cumhuriyet Senatosu).
Senate: Members: some elected; some
appointed by President; “natural Senators”= previous
presidents, members of the National Unity
Committee. “Natural senators” are there for life.
LEGISLATIVE
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House of Representatives: 450 MPs; 4 years. More powerful.
Senate: membership changes; 6 years
An MP candidate must be 30 years old+ literate in Turkish+no criminal
record on certain offenses. A Senator candidate: 40 y. old+ university
graduate+no criminal record on certain offenses.
• Both chambers work separately except few circumstances (war; new
President; impeachment..)
• Bills can come from either house but first debated in the House of Rep. If
OK, referred to the Senate. If the Senate is OK, becomes law. If not, goes
back to lower house/H. of Rep. and if the lower house agrees with Senate
proposals, bill becomes law. If not= a joint commission. Then voted in the
H.of Rep.
• Only the lower house can remove government with vote of no confidence.
EXECUTIVE
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Follows parliamentary systems elsewhere: Politically responsible Council of
Ministers and politically irresponsible President. (and unofficially and indirectly,
National Security Council)
President elected from TGNA. 2/3 majority necessary. After two rounds, absolute
majority.
President elected for 7 years. No reelection. No party membership. Oath includes
pledge to follow democracy and rule of law based on human rights.
President signs international treaties; has power of pardon.
President must sign or return the laws; can start a constitutional check; appoints
15 members of the Senate, 2 judges of Constitutional Court, designates the PM.
Council of Ministers=PM+Ministers. PM nominates ministers, President appoints
them. Ministers can be out of TGNA.
Government program submitted to both chambers but discussed and voted only in
the lower one.
Ordinary majority is enough for vote of confidence (=majority of those present). If
PM want confidence or at the end of interpellation= absolute majority.
EXECUTIVE
• 2 types of responsibility: 1) collective (for the
entire government) 2) individual (for
ministers). Ministers can be tried by Const.
Court.
• Interesting elements within the Executive:
• 1) Autonomous institutions (universities, radio
broadcasting)
• 2) DPT (State Planning Organization)
• 3) National Security Council
EXECUTIVE
• National Security Council= President, certain
ministers, and representative of armed forces.
• “communicates(=“bildirir”) requisite
fundamental recommendations to Council of
Ministers” on issues pertaining to national
security and coordination.
Note: Chief of Staff: not appointed by Defense
Minister. Council of Ministers nominate,
President appoints. (just as a minister)
JUDICIARY
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Independence of the Judiciary guaranteed by a new body: High Board of
Judges. Minister of justice can join the meetings but cannot vote.
Procedures for prosecutors are separate from judges.
Separate provisions for Military Courts.
Constitutional court for constitutionality check (15 members= 8 by High
Courts, 3 by lower house of TGNA, 2 by Senate, 2 by President)
(TGNA will select among those decided by a joint meeting of university
professors in law, economics, and political science.
VARIOUS PROVISIONS
• Protection of Atatürk’s reforms. Cannot be
claimed to be unconstitutional.
TEMPORARY ARTICLES
• Temporary Art. 4: Protection of coup makers.
No fiscal, legal, penal responsibility claim can
be made against acts of NUC. Post coup laws
cannot be declared unconstitutional.