1921 Constitution (“Teşkilat

“Halkçılık Programı”/Populism
Program (Nov 1920)
• Supposed to be the framework of a new
constitution.
• Read as “TBMM Beyannamesi/Declaration”
• “Türkiye Büyük Millet Meclisi milli hudutlar dahilinde
İslam ekseriyetinin hayat ve istiklalini temin ve hilafet
ve saltanat makamını tahlis andiyle teşekkül etmiştir.”
• (=The TGNA has been established under oath to
ensure life and independence of Muslim majority
within national boundaries; to save caliphate and
sultanate.)
Populism Program (cont.)
• “[TGNA] hayat ve istiklalini yegane ve mukaddes
emel bildiği Türkiye halkını, emperyalizm ve
kapitalizm tahakküm ve zulmünden kurtararak irade
ve hakimiyetinin sahibi kılmakla gayesine vasıl olacağı
kanaatindedir.”
• (=TGNA admits that it can reach its goal by making
the people of Turkey, whose life and future it
considers sacred, free from oppression and tyranny
of imperialism and capitalism; by making them to
possess their own will and sovereignty.)
1921 Constitution
• Article 1:
Sovereignty belongs unconditionally to the nation.
• Article 2:
Executive power and legislative authority are
manifested and concentrated in the Grand National
Assembly, which is the sole and rightful representative
of the nation.
• Article 3:
The Turkish State is administered by the Grand National
Assembly and its government bears the name of the
Government of the Grand National Assembly.
• Duties of the GNA: (Art. 7)
*apply Shariah law
*make, amend, cancel laws
*Peace treaty, war decision
* Ministers: elected by the GNA; can be
removed by the GNA. (Art. 8)
• Local authority:
• Article 11:
“With respect to local affairs, the vilayet [province] is a
corporate entity and has autonomy. With the exception of
external and internal political affairs, Shariah, judicial and
military matters, international economic relations, general
governmental taxation and matters concerning more than
one vilayet, the councils of the vilayets have the authority to
organize and administer, in accordance with the laws that
shall be promulgated by the Grand National Assembly,
matters relating to Evkaf (Pious Foundations), Medaris
(Schools), Public Instruction, Health, Economics, Agriculture,
Public Works and Social Aid.”
* Council members are chosen by people of that vilayet.
Mustafa Kemal’s Directive, 30 Jan
1921
• “Kanun-ı Esasi’nin işbu mevadd ile tearuz
etmeyen ahkâmı kemâkân meriyülicradır.”
• (= The articles of the [1876] Constitution,
which do not contradict the [1921]
Constitution, are still valid as they are.)
Missing in 1921 Constitution
• Judiciary
• Office of presidency
• Constitutional change mechanism
1921-1924
• Responsibility principle during war (Commander in chief
position) => 2nd Group
• Secret deals with the French, Italians, Russians
• No mention of Judiciary in 1921 Constitution, but
Independence Courts.
• Abolition of the Sultanate. By Parliamentary decision. Not by
Constitutional change; not even a law. (Parliamentary
decisions are usually only about parliamentary affairs)
• Mustafa Kemal pressed hard for this:
•
Bu bir emr-i vakidir. (=This is a de facto)
PARLIAMENTARY DECISION TO ABOLISH SULTANATE, 1922
• 1922-3: Political struggles. Crises (Ali Şükrü
Incident; ratification of Lausanne)
• New elections; controlled lists.
--decision to hold new elections: taken by
simple majority. However, 1921 constitution
stated that the Assembly continues until
fulfilling its mission. And this decision can be
made only by 2/3 of the Assembly.
• Meanwhile: CHP established (Sept 1923); new
constitution efforts.
Declaration of the Republic
• 29 Ekim 1339 (1923)/no.364
• Name of the Law: “Teşkilât-ı Esasîye
Kanununun Bazı Mevaddının Tavzihan Tadiline
Dair Kanun” : Law about amendment in some
Articles of the Constitution by elaboration
• Article 1: Hâkimiyet, bilâkaydü şart Milletindir. İdare usûlü halkın
mukadderatını bizzat ve bilfiil idare etmesi esasına müstenittir. Türkiye
Devletinin şekl-i Hükûmeti, Cumhuriyettir.
(=Sovereignty belongs unconditionally to the nation…The form of
government of the state of Turkey is Republic.)
• Other Amendments:
a) Office of Presidency established.
b) Formation of government changed. Now:
President selects PM and ministers among
MPs. Government altogether presented to the
Assembly by the President for vote of
confidence.