Politcal System of Turkey

· Discuss the role of Army in the Political system of Turkey.

· Mustafa Kamal’s political philosophy provides stability and ideological foundations to the
Turkish Political System. Discuss it.

· Critically .evaluate role of political parties in Turkey.

· Role of Ataturk in building up modern Turkey (Done)

· Discuss ideological foundations of Political System of Turkish Republic?

· Discuss SIX principles of kemalism as the basis of Turkish political system. (Done)

· How political parties organize and function in accordance with Turkish constitution? Also enlist
five major parties with names of their founding fathers.

· How GRand NAtional Assembly in Turkey s Elected? Describe its powers and fuctions. (Done)

· Discuss the salient features of 1982 Constitution of Turkey. (Done)

· Elaborate the secular aspect of Turkish Constitution and objectively analyze its impact on
Turkish society.

· discuss the features of turkish model of democracy keeping the distinguished position of the
armed forces in turkish politics.

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1. How GRand NAtional Assembly in Turkey s Elected? Describe its powers and fuctions.

Election of GNA of Turkey

With the referandum of 2017, every Turkish citizen over the age of eighteen (before 2017 was twenty-
five) is eligible to be a deputy, provided that he/she has completed primary education and has not been
convicted of serious crime or been involved in "ideological and anarchistic activities". Male candidates
are required to have performed the compulsory military service. Members of higher judicial and
educational institutions as well as civil servants and members of the armed forces must resign from
office before standing for election.

According to the Constitution, deputies represent the whole nation, not merely their own
constituencies. A member of the Turkish Grand National Assembly wields more patronage and influence
than the members of most other Western parliaments and is expected to intervene in the bureaucracy
more actively and frequently.

The legislative term has been lengthened by one year under the new Constitution in an effort to reduce
the preoccupation with campaigning that had contributed to Turkey's political fragmentation in the past.
For the same reason, by-elections to fill vacant seats are to be held only once between general elections
unless the number of vacancies reaches 5 percent of the total assembly membership. General elections
may be held earlier than scheduled if a majority of deputies so decides or if a prolonged parliamentary
deadlock occurs, or after the referandum of 2017 if the president decides to.

Elections

The Grand National Assembly of Turkey is composed of 550 deputies who are directly elected by equal
suffrage and secret ballot. Parliamentary elections are held every four years. In exceptional cases,
extraordinary elections may be held before the expiration of the electoral term of four years by the
decision of the President of the Republic or the Assembly. Parliamentary elections are held in accordance
with the principles of free, equal, secret, direct, and universal suffrage. Voters cast their votes personally.
Counting the votes and recording the results are done in public. Voting is compulsory and those who do
not vote are fined a small sum.

Ordinary Elections

Parliamentary elections shall be held every four years. The Assembly may defer parliamentary elections
for one year in case of a war. In this case, the Assembly serves more than four years. If the reason for the
postponement persists, the procedure may be repeated.

Extra-Ordinary Elections

The Assembly may decide to hold parliamentary elections before the ordinary parliamentary term
expires usually because of political crisis or deadlock. In this case, the Assembly determines the election
day (Art. 77/2, Const.). A motion for renewal of the parliamentary election shall be deliberated in the
Committee on the Constitution. The Plenary debates the Committee report prior to other subject
matters on the agenda. Committee report shall be voted by public ballot.

The President of the Republic may decide to hold new parliamentary elections in exceptional
circumstances described in the Constitution. In cases where the Council of Ministers fails to receive a
vote of confidence or is compelled to resign by a vote of no-confidence under Article 99 or 111, and if a
new Council of Ministers cannot be formed within 45 days or the new Council of Ministers fails to receive
a vote of confidence, the President of the Republic, in consultation with the Speaker of the Assembly,
may call for new elections

Right to Vote

Every Turkish citizen over 18 years old is entitled to vote in the parliamentary elections unless an
individual is legally capable of voting. The minors (anyone under the age of 18) and foreigners (anyone
who is not a Turkish citizen) are not entitled to vote (Art.67/3, Const.). Additionally, a person can vote
only if he/she is registered in the electoral register.

Right to be Elected

A Turkish citizen who is over 25 and is not disqualified according to the relevant laws may stand for
parliamentary elections. Article 76 of the Constitution specifies categories of persons who are not
eligible to stand as candidates in parliamentary elections.

These categories include those who have;

ƒ not completed their primary education,

ƒ been deprived of legal capacity,

ƒ been banned from public service,

ƒ not fulfilled compulsory military service, ƒ been sentenced to imprisonment for one year or more in
total except for negligent offences, and been sentenced to heavy imprisonment.

Those who have been convicted of dishonorable offences such as embezzlement, corruption, bribery,
theft, fraud, forgery, breach of trust, and fraudulent bankruptcy, and persons convicted of smuggling,
conspiracy in official bidding, or purchasing, of offences related to the disclosure of state secrets, of
involvement in acts of terrorism, or incitement and encouragement of such activities, shall not be
elected as deputies, even if they have been granted amnesty (Art. 76, Const.).

The Constitution lists some office holders who are barred from being candidates for the parliamentary
elections. Judges and prosecutors, members of supreme courts, lecturers in universities, members of the
Council of Higher Education, civil servants, and public employees other than those who are considered
as workers by the nature of their service, and members of the armed forces must resign from their office
in order to stand for parliamentary elections (Art. 76, Const.). Office holders who choose to stand for
elections must resign no later than one month to the beginning of the parliamentary elections or within
seven days from the announcement of the decision for renewal of election

Constituencies

Deputies are elected from 85 multi-member constituencies that represent 81 administrative provinces.
As a general rule, each administrative province (currently 81) is considered as a constituency. However,
some provinces are divided into more than one constituency because of their large population.

The Law on Parliamentary Elections describes the formula to calculate the number of memberships
allocated to each constituency. First, each province is assigned at least one membership irrespective of
their population. Second, the remaining seats (550 – 81 = 469) are distributed among the provinces by
using a formula that is based on the population. (Electoral quota = Population of Turkey/Number of seats
left [469], Number of additional seats for each province = Population of Province/Electoral quota).

Powers and Functions

The legislative power is used by the Grand National Assembly of Türkiye on behalf of the Turkish Nation
and this right is inalienable.

The Grand National Assembly of Türkiye shall be composed of six hundred (600) deputies directly elected
from 81 provinces and 87 electoral districts in total.

As per Article 87 of the Constitution, the duties and powers of the Grand National Assembly of Türkiye
have been stated as follows:

· Enacting, amending and repealing laws,

· Debating and adopting the Budget Bills and the Final Account Bills,

· Deciding on issuing currency,

· Deciding on the declaration of war,

· Approving the ratification of international treaties,

· Deciding on granting general amnesty and pardon,

· Exercising the powers and carrying out the duties foreseen in the other articles of the
Constitution.

In other articles of the Constitution, the following duties and authorities have been granted to the Grand
National Assembly of Türkiye:

· Amending the Constitution,

· Scrutinizing the government,

· Approving developmental plans,

· Adopting the Rules of Procedure of the Grand National Assembly of Türkiye,

· Approving, amending and rejecting presidential decrees of state of emergency,

· Approving a decision on a state of emergency, extending their duration to not exceed four
months at every turn, and removing a state of emergency.

· Electing the Speaker and the Bureau members of the Grand National Assembly of Türkiye,

· Electing the Chief Ombudsperson,

· Electing three (3) members of the Constitutional Court out of fifteen (15),

· Electing the members of the Supreme Council of Radio and Television,

 · Electing the President and the members of the Court of Accounts,

· Electing seven (7) members of the Council of Judges and Prosecutors out of thirteen (13),

· Deciding to renew the election of the Grand National Assembly of Türkiye and the President of
the Republic prematurely,

· Impeachment of the President of the Republic, Deputies of the President of the Republic, and
Ministers,

· Lifting parliamentary immunity,

· Deciding on the loss of membership,

· Permitting the deployment of Turkish Armed Forces abroad and admitting the presence of
foreign armed forces in Türkiye,

· Scrutinizing public economic enterprises.

· Electing the members of the Board of the Protection of Personal Data (this authority of the
Grand National Assembly stands on the Law on the Protection of Personal Data)

Law Making

The Constitution states that legislative power is vested in the Grand National Assembly of Turkey on
behalf of the Turkish nation and this power cannot be delegated The Assembly has the authority to
enact, amend, or repeal laws. All bills must be passed by the Assembly before becoming law. The
Constitution does not explicitly place any limits on the legislative power of the Assembly. The Assembly
has general power to make laws on any subject matter. However, constitutional review of laws by
Constitutional Court and “unamendable provisions” of the Constitution may be interpreted as “limits” to
the legislative power of the Assembly. All laws must be in conformity with the provisions of the
Constitution.

Amendment to Constitution

Amendments to the Constitution may be proposed by at least onethird and adopted by three-fifths of
the total number of deputies. However, the Assembly’s power to amend the Constitution is not
unlimited. First, constitutional amendments are subject to the judicial review of the Constitutional Court
only in respect of procedural formalities, i.e., whether the proposal is introduced and adopted by a
required majority, and whether it is debated twice. Second, the Constitution includes some provisions
that are defined as “unamendable.” The Assembly is banned from amending the republican form of the
state (Art. 1), the characteristics of the Republic (Art. 2), the indivisible nature of the State, official
language, national anthem, form of the national flag, and capital city of the Republic (Art. 3).

Authorization of Government to issue Decres having Force of Law

The Assembly may empower the Council of Ministers by an enabling law to issue decrees having the
force of law on certain subjects within the limits prescribed in the Constitution. The fundamental rights,
individual rights, and duties included in the first and second chapters of the second part of the
Constitution and the political rights and duties listed in the fourth chapter cannot be regulated by
decrees having the force of law except during periods of martial law and states of emergency.

Scrunity of Council of Ministers

One of the primary functions of the Assembly is to scrutinize the policies and programs enacted by the
government. The Assembly conducts its supervisory function through a number of mechanisms, which
are outlined in the Constitution and the ROP. The formal mechanisms envisaged in the Constitution
under the title of “Means of Obtaining Information and Scrutiny” are questions, general debate,
parliamentary inquiry, censure, and parliamentary investigation. Some of these are simple ways of
obtaining information (questions), discussing government policies (general debate), or carrying out in-
depth inquiries on specific issues (parliamentary inquiry). Other tools may result in the defeat of the
government or dismissal of one of its ministers if the Assembly withdraws its confidence in the
government or one of its ministers (censure) or impeachment of members of government before the
Constitutional Court (parliamentary investigation).

Approval of Budget Bill

The Assembly’s power to approve the Budget Bill and Final Account Bill can be viewed as the control of
the government’s budgetary performance.

Granting General Amnesty and Pardon

A general amnesty or pardon may be granted only by a law passed by the Assembly. A bill that envisages
a general amnesty or pardon must be approved by at least a three-fifths majority of the total number of
deputies. The three-fifths majority is required for each article of the bill granting general amnesty and
pardon and for the bill as a whole

Approval of the RAtification of International Treaties

The President of the Republic has the power to ratify and publish international treaties that have been
concluded by the executive (Art.104/2, Const.). With some exceptions, the Constitution stipulates that
ratification of the treaties by the President requires the Assembly’s approval of that ratification. In other
words, instead of approval of the treaty itself, the Assembly gives its consent by a law to the ratification
of the treaty by the President for some categories of treaties. Ratification of all treaties that envisage a
change in domestic laws is subject to approval of the Assembly. However, some treaties do not require
the approval of the Assembly before ratification.

Approval of the Declaration of state of Emergency and Martial Law

The authority to declare a state of emergency or martial law due to national emergency situations lies
with the government. The Constitution states that the government may declare a state of emergency or
martial law for a maximum period of six months (Art 119, 122/1, Const.). The government’s decision to
declare a state of emergency or martial law shall be published in the Official Gazette and submitted
immediately to the Assembly for approval. During the period of recess, the Assembly is called to convene
immediately

Declaration of War and Authorization of USe of Armed Forces

The Assembly has the authority to declare war, and authorize the sending of Turkish armed forces
abroad or stationing of foreign armed forces on national territory (Art.92, Const.) upon the request of
Council of Ministers (Art. 129,130, ROP). During the period of adjournment or recess, the President of
the Republic may decide to use armed forces when the country is under military attack and the use of
armed forces becomes unavoidable (Art. 92/2, Const.). In this case, the President convenes the Assembly
immediately

Impeachment of the president of the Republic

The President of the Republic (incumbent or former) may be impeached for high treason by a resolution
passed by the threefourths majority of the total number of the deputies A motion of impeachment can
be presented by at least onethird of the total number of the deputies. The Assembly and the President
concerned are immediately informed of the motion of impeachment. The motion is placed on the
agenda of the plenary sitting, which will be held after seven days from the date on which the Assembly
has been informed. The President concerned is given the floor to defend himself during the plenary
debates or he/she may submit his/her defense in writing to be read out in the plenary. If the Assembly
passes the resolution of impeachment by a threefourths majority vote of the total number of deputies,
the President is tried by the Constitutional Court in the capacity of the Supreme Court

Power of Appoitment

The Assembly has the power to appoint the Chief Public Auditor (Ombudsman) (Art. 74/6, Const.), two
members of Constitutional Court from among the candidates nominated by the Court of Accounts, and
one member from among the candidates nominated by the presidents of the Bar Associations (Art.
146/2, Const.), members of the Radio and Television Supreme Council (Art. 133/2, Const.), members and
the President of the Court of Accounts (Art. 16, Law No.6085 on the Court of Accounts).

Amending the Rules of Procedure

The internal organization and the functioning of the Assembly are laid down by the ROP. Consideration of
bills, scrutiny of executive organs, and conduct of debates are governed by provisions of the ROP. The
ROP may be amended by a resolution of the Assembly after the Committee on the Constitution has
reported on the proposed amendments. The proposals for amendments to the ROP may be moved by
the deputies. The proposed amendments are deliberated in the Committee on the Constitution before it
is debated and voted in the plenary.

An amendment to the ROP comes into force when parliamentary resolution is published in the Official
Gazette unless another date is specified in the resolution.
--------------------------------------------------------------------------------------------------------

2. Discuss SIX principles of kemalism as the basis of Turkish political system.

Basic Principles of Kemalism were accepted at the Great Congress of Republican’s People Party dated 10
May 1931 and after being exposed to some insignificant changes on the 1935 Program, it was included in
the 2nd article of the Constitution on 5 February 1937, which stated “the Turkish Republic is democratic,
statist, secular, revolutionary and nationalist” (Gözübüyük, 2003:127). “Six arrows” symbolized by
Kemalism were concreted as the principles of the strong nation, strong state ideology. Especially the
statism, nationalism and populism principles represent the organism-supporter and corporatist tendency
of the state.

Republicanism

Mustafa Kemal, as a young officer first in Macedonia and then in Syria, could see that the Ottoman
Empire was disintegrating. Only a national Turkish state could replace it. it was him who drew the map of
the new RepubIic. The territories would compose of the are as predominantly Turkish, and the whole of
Anatolia would constitute the majority of the country.

The Kemalist reforms represent a political revolution; a change from the multinational Ottoman Empire
to the establishment of the nation state of Turkey and the realization of national identity of modern
Turkey. Kemalism only recognizes a Republican regime for Turkey. Kemalism believes that it is only the
republican regime which can best represent the wishes of the people.

It aimed to replace the elitist Ottoman social order, which invested power in the sultan and his
immediate entourage, with a more broadly based republican system.

Republic is a regime that governors come to power by election and sovereignty is based on the public
and public’s will. In this sense, French Revolution had a great impact upon the establishment of regimes
that featured the sovereignty of the public (republic) instead of monarchic and aristocratic structures.

Populism

He fully believed that the people were the real fontain-head of every secret of success and of every kind
of power and authority.

The Kemalist revolution was also a social revolution in term of its content and goals. This was a
revolution led by an elite with an orientation towards the people in general. The Kemalist reforms
brought about a revolutionary change in the status of women through the adoption of Western codes of
law in Turkey, in particular the Swiss Civil Code.

Moreover, women received the right to vote in 1934. Atatürk stated on a number of occasions that the
true rulers of Turkey were the peasants. This was actually a goal rather than a reality in Turkey. In fact, in
the official explanation given to the principle of populism it was stated that Kemalism was against class
privileges and class distinctions and it recognized no individual, no family, no class and no organization as
being above others. Kemalist ideology was, in fact, based on supreme value of Turkish citizenship. A
sense of pride associated with this citizenship would give the needed psychological spur to the people to
make them work harder and to achieve a sense of unity and national identity.

It promised a more classless society but fell short of truly democratic ideals. Ataturk ruled through a one-
party state.

Secularism

Secularism meant the emancipation from the dungeon of thoughts which Atatürk believed his people
were imprisoned. The proper way for such release was free researching and debating of creative minds.
Having felt the limits of non-secular life since childhood, Mustafa Kemal broke with the hegemony of the
mystic and scholastic thought. Atatürk placed secularism as a fundamental pillar of his principles and
equated it with the freedom of thinking.

To fight injustice, repression or poverty or to understand the value of education, problems of production,
constitutional choices or artistic options, the basis had to be, first and foremost, secular.

Kemalist secularism did not merely mean separation of state and religion, but also the separation of
religion from educational, cultural and legal affairs. It meant independence of thought and
independence of institutions from the dominance of religious thinking and religious institutions. Thus,
the Kemalist revolution was also a secularist revolution. Many Kemalist reforms were made to bring
about secularism, and others were realized because secularism had been achieved.

The Kemalist principle of secularism did not advocate atheism. It was not an anti-God principle. It was a
rationalist, anti-clerical secularism. The Kemalist principle of secularism was not against an enlightened
Islam, but against an Islam which was opposed to modernization.

Ataturk favored the adoption of Western habits and science, and to this end he abolished religious
schools and legalized alcohol. The Latin alphabet, the international calender and metric measuring
systems replaced their Arabic or Islamic antecedents.

The practical results of this beIief were the abolishing of the Ministy of Shariat, the Mejalla, the Shariat
Courts, the madrassahs and some other pious foundations and the introduction of secular education. In
a passionate outburst, Atatürk had said: "We have got to go on. And we are to progress whatever
happens. We have no choice now. Civilization is a blazing fire that burns and destroys all who will not pay
allegiance to her!"

Reformism

By reformism (or revolutionism), he meant that the natian could be and was determined to "go ahead on
the path of civilization without rest and without fear".

He said: "Our country will become outand-out modem, civilized and new ... The masses want to be
prosperous, free and affluent ... The nation has decided to adopt, thoroughly and in the same form and
essence, the life and the means which contemporaneous civilization has assured to all nations. The
nation is determined not to permit centuries-old varieties of he and fraud to retard, for a moment, its
efforts in the sphere of innovation and reform ... We cannot liye within an orbit, shut off from the rest of
the world.

For nations, which persist in conserving certain traditions and beliefs which cannot stand the test of
reason, it is not only difficult, but also impossible, to progress."

One of the most important principles that Atatürk formulated was the principle of reformism or
revolutionism. This principle meant that Turkey made reforms and that the country replaced traditional
institutions with modern institutions. It meant that traditional concepts were eliminated and modern
concepts were adopted. The principle of reformism went beyond the recognition of the reforms which
were made.

An imprecise doctrine used to justify wholesale, rather than gradual, change in the Ottoman system
Ataturk inherited.

The modern Turkish society, with its new script, national history, purified language, progressing art,
advanced music and technical institutions as well as equality of men and women were the products of
this understanding.

Nationalism

By "nationalist policy", he meant: "...Within our national frontiers, to work for the real happiness and
development of our nation and our country, relying above all ou'our own strength for the preservation of
our existence, to refrain from inducing our people to pursue deleterious aims and to expect from the
civilised world human treatment and frİendship based on reciprocity." He descrİbed the Turkish
motherland as "abandoned", looking like a "graveyard-without life and development". But he saw
treasures beneath it, on which lived a gallant people. He said that the Turks had gone through a long and
arduous struggle for the sake of the integrity of their country. His objective was the reinforcement and
preservati0n of this integrity. For him, it was an unrealisable aim to unite eve n all the Turks İn the world
withİn the boundaries of a single state.

The Kemalist revolution was also a nationalist revolution. Kemalist nationalism was not racist. It was
meant to preserve the independence of the Republic of Turkey and also to help the Republic's political
development. It was a nationalism which respected the right to independence of all other nations. It was
a nationalism with a social content. It was not only anti-imperialist, but it was also against the rule of a
dynasty or of any particular social class over Turkish society. Kemalist nationalism believes in the
principle that the Turkish state is an indivisible whole comprising its territory and people.

It held up a distinctly Turkish identity to replace the pan-Islamism of the Ottoman Empire. The main
platform that Ataturk used to rally his countrymen in the 1920s, the approach created barriers between
Turkey and the outside world, and some of its expressions, such as claiming Turkish origin for virtually all
human achievements, are now discredited.

Decades had to pass before the United Nations would declare that nations had sovereignty over their
own natural resources, but Atatürk's Turkey had proclaimed this a working principle, giving the state
responsibility for production as well as protection. The Turkish Historical Society, (which interpreted
history anew), the Turkish Language Society (which led the drive to purify the language) and the People's
Houses (created in every province and district to become centers of culture and artistic/literary
activities) were the natural results of the same principle of sober nationalism.

Statism

Kemal Atatürk made clear in his statements and policies that Turkey's complete modernization was very
much dependent on economic and technological development. The principle of statism was interpreted
to mean that the state was to regulate the country's general economic activity and the state was to
engage in areas where private enterprise was not willing to do so, or where private enterprise had
proved to be inadequate, or if national interest required it. In the application of the principle of statism,
however, the state emerged not only as the principle source of economic activity but also as the owner
of the major industries of the country.

Statism, which, like its contemporaries communism and fascism, favored the state-led development of
the economy and society as opposed to private initiative. The proportion of state-owned manufacturing
has been progressively dropped in the past decade but remains at over half of Turkey’s gross national
product.

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3. Discuss the salient features of 1982 Constitution of Turkey

Ans.

The intention of the Framers of the constitution was to ensure political stability and promotion of
domestic tranquility and for this purpose they envisaged a quasi democratic structure that would suit to
the needs of Turkish society. Hence people’s expectations and requirements of stable order are
judiciously integrated within the framework of the constitution. Parliamentary system has been
reinforced under a strong Presidency. Multiple party system has been allowed under the constitution,
and constitutional protection provided to public liberties.

1. Preamble:

The constitution of 1982 is a lengthy document comprising 177 articles divided into seven chapters.
According to the Preamble, this document truly manifests the aspirants of the Turkish nation and the
values and beliefs based on Kamalate culture legacy. Turkey has been declared a modern secular polity in
which religious beliefs have nothing to do with politics. The constitution ensures the protection of
fundamental rights to all without any discrimination, while Turkish language has been declared as official
language.
2. Supremacy of the Constitution:

The constitution recognizes the sovereignty of the popular will which finds its exposition through
established institutions. The constitution stands paramount and it ensures national independence, its
solidarity, democracy, peace and tranquility.

3. Amendment in the Constitution:

The constitution is partly flexible and partly rigid in the sense that different procedure is required for
constitutional amendment, than the one adopted for alterations in statutes. The Grand National
Assembly is authorized to initiate proposals for amending the constitution with the support of its one
third members and can be ratified by two thirds majority. It is worth pointing out that the reforms
introduced by Ataturk, which are regarded as the ideological and cultural legacy of the Founder, are
exempt from alterations. Some of these are, for instance secular educational system, wearing of hat by
men, banning “Derveish Madaras” the presence of state officials at wedding ceremony, preservation of
Turkish manuscript, prohibition of the use of such titles as Afandi, Pasha etc.

4. Balanced Separation of Powers:

The constitution stands paramount hence it is the source of all authority. Grand National Assembly is the
supreme legislative organ while executive powers belong to the President and the Council of Ministers.
The President controls on the one hand, the Council of Ministers and holds, somewhat superior position
over th e Prime Minister. He can exercise even such administrative powers in collaboration with the
Cabinet, as are normally exercised exclusively by the Cabinet within a parliamentary form of
government. The President also plays vital role even in legislation. He can not only block the way of
legislation rather is authorized to dissolve the National Assembly.

All judicial powers are assigned to the courts established within the constitutional framework. A
comprehensive and well-knit distinct system comprising military and administrative courts operate side
by side with the normal state courts. Hence a balance has been maintained between the requirements
of traditional parliamentary patterns and the features of autocratic military rule.

5. Parliamentary System:

The system of government in one sense can be termed parliamentary as the Prime Minister and other
ministers are taken from the National Assembly and are held accountable to it and to the President. The
latter is fully authorized to remove any of the ministers. The Cabinet is collectively accountable to the
National Assembly.

6. Unicameral Legislature:

Turkish Grand National Assembly has been indefeasible part of its political legacy. It was on the basis of
its religious decree (Ijma) that Ataturk had pronounced the abolition of “Khilafat”. Its central and pivotal
position has been preserved within the present constitutional setup as well. National Assembly is elected
for a period of five years, which can be extended or minimized under extraordinary circumstances. Apart
from its position as the supreme law-making body it is vested with the power to control the executive, as
most of the ministers are its members. The Assembly also ratifies the treaties made with foreign
governments.

7. Judicial System:

The constitution ensures the independence of courts and the judges are given security of service in
addition to many other privileges. Proper safeguards have been provided to preserve the integrity and
dignity of judges. The courts exercise the power of judicial review over all actions of the administration

8. Rights and obligations:

A list of fundamental rights has been incorporated in the 2nd part of the constitution. The underlying
philosophy of fundamental rights has been made subservient to the requirements of justice, fair play
and secular ideology of Turkey. The enforcement of fundamental rights can be suspended partially or
completely, as the circumstances so demand, during a period of emergency, mobilization, war or Martial
Law. Some of the important fundamental rights are: right to life, personal security, security against
servitude, right to privacy, freedom of movement, freedom of expression, freedom of conscience and
press, right to form associations, hole public meetings, organize demonstrations within the limits of law,
right to private ownership, right to earn one’s livelihood etc.

10. Right to form Political Parties:

The constitution recognizes the right of all citizens of 21 years or above to form political parties and join
or leave their membership. Nevertheless, only such political parties can be formed as pledge to adhere
to secular ideology and promote national solidarity. Formation of a new political party is subject to the
permission granted within the limits of law. Parties are required to observe rules and norms provided in
the Political Parties Act, hence no party can be formed on the basis of religion. Every political party is
registered entity which is not permitted to give financial help nor receive from any trade union or
interest group. The constitutional court is fully competent to make decision regarding banning any
political party.

10. Proclamation of Emergency:

Under the circumstances of acute political unrest or economic disruption, emergency may be proclaimed
in any part or in the whole of the country. The Council of Ministers can make as announcement to this
effect. Such Proclamation shall be valid for a period not exceeding six months.

11. Imposition of Martial Law:

To incorporate provisions regarding the possibility of imposing Martial Law within democratic
constitutional framework is a peculiar feature. Turkish constitution provides that under extraordinary
circumstances beyond the control of the civil government, Martial Law may be imposed. Hence the
President in the Council of Ministers can announce this step for the whole of the country or any part
thereof for a period not exceeding six months. Such a pronouncement is required to be submitted before
the National Assembly for its approval and in case it is not in session, special session shall be convened.
The latter is fully competent to make alterations in the period of its enforcement or repeal it.

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4. Role of Ataturk in building up modern Turkey

Mustafa Kamal Ataturk (1881-1938) was regarded as the most important figure for the modernizing
process of the Turkish nation. Through his nationalist ideology and modern political reforms, Kamal was
able to maintain theindependence of Turkey from the direct rule of the Western countries. Ataturk's 15-
year rule was marked by a series of radical political and social reforms that transformed Turkey into a
new era of modernization with civil and political equality for sectarian minorities and women.

https://www.fethiyetimes.com/discover-turkey/23971-discover-turkey-mustafa-kemal-ataturk-creator-
modern-turkey.html

a. Secular State

b. Adopting European Dress

Another critical attack to the Islamic culture was the banning of religious dress. It was forbidden to wear
religious dress outside places of worship. In fact the law concerning the dress code was enacted since
there was the misuse of the religious dress for the purpose of achieving authority over the ignorant
people

c. Time and Date

In 1925 the Islamic time and calendar systems was replaced by European ones. As a result of this,
Sunday was recognized as a legal holiday for Turkey.

d. A new Language

Nextcameamajorbreakwith"tradi¬tional"culture,theadoptionofaLatinizedphoneticalphabet,whichwasma
decompulsoryin1928.Thisreformmadeiteasierforverywidesectionsofthepopulationtolearntoreadandwrite
.Italsocontributedtotheenrich¬mentoftheTurkishlanguage,whosedevelopmenthadbeenhampered,ifnotp
aralysed,bytheuseofanalphabetcompletelyalientoit."Anationmusthaveplentyofcourage",saidtheFrenchwr
iter,GeorgesDuhamel,inthe1950s,"tocarryoutarevolutionofthiskindinanorderlyfashionandsimplybylegale
nactment

e. Women Rights

This followed by the emancipation of woman in 1925-1935. This was considered as a drastic change for
the women’s status when it protected the freedom of women in the society. They began to have equal
right with men regarding divorce, ownership of property, custody of children, etc. Women also began to
have equal legal treatment; from no political representative and participation to full suffrage.

f. The Surename Law

These cultural modernization imposed by the Kemalist regime reached its conclusion with the adoption
of Western surname in 1934. Mustafa Kemal chose for himself 'Ataturk' that means 'the father of the
Turk'. Through the cultural reformation, Kemal hoped that Islam and its heritage would be destroyed and
thus Turkey was thoroughly modernized socially and culturally.

g. Swiss Civil Code of Law

In 1926, the Islamic Law (Sharia') was replaced by the Swiss Civil code of Law. This law forbade polygamy
and gave wives authority to seek divorce. The adaptation of the Western style of Law into the Turkish
Republic seemed to give no room for the Islamic Personal Law concerning the marriage, divorce and
inheritance. In 1928 there was another amendment in the Turkish Constitution that to remove the article
which stated Islam as the official religion of the state. By introducing the Western Law, the Kemalist
regime tried as much as they could, to expose the people with the Western civilization regarding the
legal and large-scale institutional structures. However it is quite interesting to see that Kemal, despite of
his eagerness in implementing the Western law on Muslim personal status, he still showed his loyalty to
the Muslim community when he would not let a Muslim women be married to non-Muslims.

h.Closing of Relgious Schools and Colleges

In 1924, another series of reforms began, leading to the closing of religious school and colleges. Kemal
saw the existence of these schools or 'medresa' would prevent the Turkish people from having contacts
and association with the West. They would also become the obstacle to the modernization of the Turkish
Republic

I. Sufi Order Supressed

In 1925, the Sufi orders were suppressed in the country when one of its leaders, Sheikh Said (Note 1)
was sentenced to death. The Kemalist regime saw the existence of such dervish orders and any other
Sufi whirling, was something to make people to become ecstatic fools and uncivilized (Kedourie, 1992, p.
104). It should be noted that the suppression of the sufi orders by the Kemalist regime, had been seen
by a great part of the population as something acceptable and not against Sufism. Most of the people
saw the suppression aimed to combat against th corrupt pretenders to Sufism who made such public
display of their piety. Moreover, Kemal’s reforms from their eyes, aimed to purify Islam from un-Islamic
practices. This was one of the factors contributed to the success of Kemal’s reforms in eliminating the
Islamic leadership in Turkish society. As the result of the suppression, there was no more public activities
of the tariqah orders. Many khanagahs which at once, became centre for Sufis teachings, were turned
into museums.

j. Abolition of Oficial Institutions

In 1923, the institutions of ‘ulama’ called Sheikh-al-Islam and the ministry of the Shari'a were abolished.
Their numbers also declined. The abolition of these official institutions gave a great impact to the
practise of religion among the Turkish people. There was no more religious institution which issued
fatwa regarding religious matters.
Concluding Remarks

Turkey was regarded as the first Muslims country that declared as a secular state. Mustafa Kemal Ataturk
who is recalled as the father of the nation was responsible for the establishment of modern Turkey. His
revolutions and reforms have brought Turkey into a new phase of development. In doing so, he amended
the constitution of his country besides abolishing position of the Sultanate and the caliphate that ever
since regarded as a symbol of unity among Muslims all over the world. Despite many cultural barriers,
his revolutions and reforms have brought Turkey into a new era of modernization even though he
consciously realized that such reforms will destroy every vestige of Islam in the life of the Turkish nation.
The consequences of Ataturk’s reforms are still being felt today throughout the Muslim world, and
especially in a very polarized and ideologically segmented Turkey.

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5. Discuss the role of Army in the Political system of Turkey.

Istanbul, Turkey – The Turkish military has been a pivotal actor in the political life of modern Turkey, both
domestically and abroad, but its role and position in contemporary Turkey have been curbed
significantly.

The military began to rise into prominence after the modern republic was founded by Mustafa Kemal
Ataturk in 1923.

With the help of the officer corps, Ataturk converted Turkey into secularised and westernised state.

After his death in 1938, secularism became the dominant ideology, and the generals its sole protector.

With the dissolution of the Ottoman Empire, the Army started to place itself in daily politics with
administrative motives. There is a consensus on the political and institutional autonomy of the Army, and
that autonomy paves the way for democracy to become rather fragile. On the one hand, the military
elites’ role in the modernization process in the late Ottoman and early Republican era is generally taken
as the principal cause of military interventions. On the other, the Army is also seen as the only legitimate
guarantor of Kemalist ideology.

In addition to that, the legacy of Ataturk paves the way for the Army to make itself more powerful in
combating “internal” enemies.

The role of the military in Turkish politics is chiefly derived from its guardianship of the Turkish Republic
and Kemalist principles.

The Turkish Army has been the only institution which has survived through the fall of Ottoman Empire to
the Turkish Republic. Not the civilian bureaucracy, education institutions, nor the press, but the TAF
remained alive. Again if we are to turn back to the historical context of military interventions, an
important statement can be made: Throughout the Republican period, particularly during times of
political crisis Turkish society has rarely hesitated from turning to the Army as its ultimate protector.
Typically, it is identified as an independent protector of the “progressive” Kemalist values.

Historical Background of Civil-Military Relations: An Overview from the Ottoman Era up to Present

The military institutions were the first institutions that experienced the reform movements, and with the
absence of a bourgeoisie class like that of the West, the Army played a key role in the constitutional
revolutions of 1876 and 1908. During the nineteenth century, the military had been both the subject and
the object of modernization. Initially the aim was to create a military that was trained, disciplined, and
obedient to central authority. However, having received Western-type educations, the military started to
question the power of the political elites.

Although isolated from partisan politics the Army remained an important force in at least two respects.
First, economic development plans, especially during the 1930s, were shaped in part by military factors,
sometimes at the expense of maximum economic return. Second, the military constituted a source of
skills and facilities. In times of emergency, military commanders occasionally took over civilian
administrative functions – notably in the uprising of Sheik Said in 1925.

The Republican People’s Party (RPP) in fact instrumentalized the Army in terms of combatin reactionary
forces. The “internal” forces which opposed to modernization had found the military in front of
themselves as the sole protector of the new regime.

The DP party leaders administered censorship to the press, and day by day with the emergence of
economic problems, not only the civil and military bureaucrats but also the university students and
academic personnel began to feel unhappy with the DP rule. In April 1960, a series of large scale student
demonstrations paralyzed university campuses and led to bloody confrontations with police forces. The
imposition of martial law failed to restore order.

In the aftermath of the intervention the Constitution of 19245 was replaced with a new constitution in
1961. The new constitution was introducing a wide range of civil liberties besides social rights. However
with the fear of a probable domination of the majority some institutions were built among which were
the Constitutional Court and the National Security Council (NSC).

The constitutional amendments paved the way for the space of the military judiciary to become larger
compared to that of the civilian one. In addition to that, the audit of the military spendings became
more secluded. With the 1973 amendments the primary function of the NSC was extended to making
recommendations to the government.

The 1980 Coup made the state apparatus become militarized in all dimensions besides making the TAF a
law-maker authority (Bayramoğlu, 2006: 82). The universities were put under tight centralized control
through the establishment of Higher Education Authority (YÖK).
The 1982 Constitution7 which reflects the crucial patterns of that period limited the basic rights and
liberties, limited the scope of the civilian judiciary branch, besides strengthening the political autonomy
of the military. Moreover, it increased the authority of the President.

By the mid-1990s, the emerging consensus between the military elites and the civilians began to break
up as the democratic regime seemed unable to cope with separatist terrorism and the rise of political
Islam. This break-up, in the end led to a “soft” coup d’état in 1997.

In the February 28 Process, a series of legal regulations were carried out which increased the capabilities
of the TAF in political and administrative realms. One of these legal regulations was the Public Act of The
Prime Ministry Crisis Management Center.

This public act was also seen as a legal tool of the military in order to have a say in political issues
without employing direct-control and/or rule. It made the parliament get deprived of its authority in
decision-making at the times of wideranging crisis

Guardians of secularism

As self-declared guardians of Ataturk’s secular legacy, the military remained associated with a tradition
of upheaval and history of overthrowing unpopular governments at times of political chaos and
economic crisis.

The officer corps staged three coups between 1960 and 1980.

In all the three, the military complained that Islam was becoming too involved in the political sphere.

“Every single of those coups was undertaken by fiercely secular and fiercely pro-Western officers who
felt that Turkey’s Western, progressive path was being compromised.

The rise of political Islam

By the late 1980s, the ideological divide between Turkey’s right and left was coming to an end, paving
the way for political Islam to emerge.

In 1997, the Welfare Party, which was the first conservative and religious party in Turkey to win a general
election, was forced to resign by the military. The resignation of the party’s founder, Necmettin Erbakan,
who was the prime minister, became known as “the post-modern coup”.

In a statement on February 28 that year, the military had warned of a threat to national security caused
by Erbakan’s efforts to raise the profile of Islam. Erbakan was forced to resign four months later.

When AKP came to power, the military was not pleased’

The AK party, which was formed from the Welfare Party tradition, came to power in 2002 but with a
more liberal and pro-EU agenda.

“When the AKP came to power, the military was not at all pleased. They were hoping initially that the
AKP would self-destruct, make a mess of things and lose popularity. But the AKP decided, and this was
Recep Tayyip Erdogan’s brilliance, to embrace democracy and to stay clear of policies that would
threaten the military or move Turkey away from Europe.

The AK party’s liberal discourse enabled the party to win hearts and minds among intellectuals,
businessmen and media and was perceived by the West as a compromise between the secular and
religious that could see an end to military interventions.

The AK party also introduced reforms that altered the civil-military relations. It rendered the powerful
National Security Council a civil institution, brought security expenditures under the civilian control, and
freed universities and the media from military inspection – changes that restored the people’s
confidence in public institutions.

The Failed 2016 Coup

The 2016 coup failed for various reasons. The country was not facing an economic crisis or political
chaos, the attempt lacked societal support, and Erdogan remained popular. It harmed the military badly
and offered Erdogan the legitimacy to purge all dissidents.

“The military is completely neutralised at this stage. They’re not a factor in Turkish politics.

Civil Military Relations after 2016

“The army, navy and air force have been brought under direct control of the Turkish Defence Ministry,”
Ali Turksen, a former member of Navy Underwater Special Forces and cofounder of the opposition IYI
party, said.

“Erdogan has succeeded in shaking up the system and possibly preventing any future coup attempts.
About 40 percent of Turkey’s generals and admirals have been dismissed, and they’re capturing Gulenist
officers on a near-daily basis.

“Academies and military schools have now been re-opened, but they’re more careful in who they allow
to enter,” Turksen added.

In the immediate aftermath of the last coup attempt, the military’s reputation slumped as the vast
majority of people saw it as an undemocratic attempt to change politics.

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