THE CONSTITUTION OF THE REPUBLIC OF TURKEY
PREAMBLE (As amended on October 17, 2001)
In line with the concept of nationalism and the
reforms
and principles introduced by the founder of the
Republic of Turkey, Atatürk,
the immortal leader and the unrivalled hero, this Constitution, which affirms
the eternal existence of the Turkish nation and motherland and the indivisible
unity of the Turkish state, embodies;
The determination to safeguard the everlasting existence,
prosperity and material and spiritual well-being of the Republic of Turkey, and
to attain the standards of contemporary civilization as an honourable member
with equal rights of the family of world nations;
The understanding of the absolute supremacy of the will of
the nation and of the fact that sovereignty is vested fully and unconditionally
in the Turkish nation and that no individual or body empowered to exercise this
sovereignty in the name of the nation shall deviate from liberal democracy and
the legal system instituted according to its requirements;
The principle of the separation of powers, which does not
imply an order of precedence among the organs of state, but refers solely to the
exercising of certain state powers and discharging of duties which are limited
to cooperation and division of functions, and which accepts the supremacy of the
Constitution and the law;
The recognition that no
protection shall be accorded to an activity contrary to Turkish national
interests, the principle of the indivisibility of the existence of Turkey with
its state and territory, Turkish historical and moral values or the nationalism,
principles, reforms and modernism of Atatürk and that, as required by the
principle of secularism, there shall be no interference whatsoever by sacred
religious feelings in state affairs and politics; the acknowledgment that it is
the birthright of every Turkish citizen to lead an honourable life and to
develop his or her material and spiritual assets under the aegis of national
culture, civilization and the rule of law, through the exercise of the
fundamental rights and freedoms set forth in this Constitution in conformity
with the requirements of equality and social justice;
The recognition that all Turkish citizens are united in
national honour and pride, in national joy and grief, in their rights and duties
regarding national existence, in blessings and in burdens, and in every
manifestation of national life, and that they have the right to demand a
peaceful life based on absolute respect for one another’s rights and freedoms,
mutual love and fellowship and the desire for and belief in “Peace at home,
peace in the world”.
This Constitution, which is to be embraced with the ideas,
beliefs, and resolutions it embodies below should be interpreted and implemented
accordingly, thus commanding respect for, and absolute loyalty to, its letter
and spirit.
Is entrusted by the Turkish nation to the patriotism and
nationalism of its democracy-loving sons and daughters.
PART ONE
GENERAL PRINCIPLES
I. Form of the State
ARTICLE 1.
The Turkish state is a Republic.
II. Characteristics of the Republic
ARTICLE 2.
The Republic of Turkey is a democratic, secular and social state governed by the
rule of law; bearing in mind the concepts of public peace, national solidarity
and justice; respecting human rights; loyal to the nationalism of Atatürk, and
based on the fundamental tenets set forth in the Preamble.
III. Integrity of the State, Official Language, Flag, National
Anthem, and Capital
ARTICLE 3.
The Turkish state, with its territory and nation, is an indivisible entity. Its
language is Turkish.
Its flag, the form of which is prescribed by the relevant
law, is composed of a white crescent and star on a red background.
Its national anthem is the “Independence March”.
Its capital is Ankara.
IV. Irrevocable Provisions
ARTICLE 4.
The provision of Article 1 of the Constitution establishing the
form of the state as a Republic, the provisions in Article 2 on the
characteristics of the Republic, and the provision of Article 3 shall not be
amended, nor shall their amendment be proposed.
V. Fundamental Aims and Duties of the State
ARTICLE 5. The fundamental aims and duties of the state are; to safeguard the independence
and integrity of the Turkish Nation, the indivisibility of the country, the
Republic and democracy; to ensure the welfare, peace, and happiness of the
individual and society; to strive for the removal of political, social and
economic obstacles which restrict the fundamental rights and freedoms of the
individual in a manner incompatible with the principles of justice and of the
social state governed by the rule of law; and to provide the conditions required
for the development of the individual’s material and spiritual existence.
VI. Sovereignty
ARTICLE 6.
Sovereignty is vested fully and unconditionally in the nation.
The Turkish Nation shall exercise its sovereignty through
the authorised organs as prescribed by the principles laid down in the
Constitution.
The right to exercise sovereignty shall not be delegated
to any individual, group or class. No person or agency shall exercise any state
authority which does not emanate from the Constitution.
VII. Legislative Power
ARTICLE 7.
Legislative power is vested in the Turkish Grand National Assembly on behalf of
the Turkish Nation. This power cannot be delegated.
VIII. Executive Power and Function
ARTICLE 8.
Executive power and function shall be exercised and carried out by the President
of the Republic and the Council of Ministers in conformity with the Constitution
and the law.
IX. Judicial Power
ARTICLE 9.
Judicial power shall be exercised by independent courts on behalf of the Turkish
Nation.
X. Equality before the Law
ARTICLE 10.
All individuals are equal without any discrimination before the law,
irrespective of language, race, colour, sex, political opinion, philosophical
belief, religion and sect, or any such considerations.
No privilege shall be granted to any individual, family,