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74-686: The judicial system of Turkey is defined by Articles 138 to 160 of the Constitution of Turkey . With the founding of the Republic, Turkey adopted a civil law legal system, replacing Ottoman law and the Sharia courts. The Civil Code , adopted in 1926, was based on the Swiss Civil Code of 1907 and the Swiss Code of Obligations of 1911. Although it underwent a number of changes in 2002, it retains much of

148-587: A constitutional issue has been raised by a defendant or a plaintiff (A152). The Constitutional Court has the right to both a priori and a posteriori review (respectively, before and after enactment), and can invalidate whole laws or decrees and ban their application for all future cases (A153). Per Article Eight, the executive power is vested in the President of the Republic and the Council of Ministers. Part Three, Chapter One, Section Two (Articles 109–116) lays out

222-691: A presiding judge and two members with a public prosecutor. Offenses and crimes involving a penalty of over five years of imprisonment are under the jurisdiction of these courts of which there is one in every city, but it is sometimes divided into several branches according to the need and population. Administrative courts ( idari mahkemeler ) exist at provincial level. The next instance are regional administrative courts ( bölge idari mahkemeleri ). Administrative courts solved cases involving probate, bankruptcy, and citizenship matters. Tax and family law were handled in separate courts. The highest administrative court in Turkey

296-605: A violation of Article 10 of the Constitution and led to his trial in 2005. The complaint against Orhan Pamuk was made by a group of lawyers led by Kemal Kerinçsiz and charges filed by a district prosecutor under the Article 301 of the Turkish Penal Code. Pamuk was later released and charges annulled by the justice ministry on a technicality. The same group of lawyers have also filed complaints against other lesser-known authors on

370-556: A written exam which is held by Measuring, Selection and Placement Center (ÖSYM) and an interview carried out by a Committee mainly consisting of judges. Legal education in Turkey results in a master of law degree after about 4–5 years of study. Private lawyers spend one year of traineeship and then join a bar association ( baro ) and the Union of Turkish Bar Associations . All Turkish lawyers are required to wear black robes in court. All cities have their own bar association and they are under

444-412: Is hukukçu . In Turkey, any man or woman, after having graduated from a law faculty at a university, can become attorney-at-law or barrister ( avukat ), judge ( hâkim or yargıç ), prosecutor ( savcı ) or notary ( noter ) after terms of internship specified in separate laws. However, for the judges and prosecutors before getting the title of training judge ( stajyer ), they have to pass through

518-480: Is Prosecutor of the Republic ( Cumhuriyet savcısı ) and they have a chief office of prosecution ( Cumhuriyet Başsavcılığı ). Prosecutors are also divided into branches regarding their area in laws, similar to that of the judges. The Supreme Council of Judges and Public Prosecutors deals with administrative matters concerning judges of the Administrative and Judicial Courts and Public Prosecutors who are not members of

592-455: Is a nationalistic, democratic, secular and social state, governed by the rule of law, based on human rights and fundamental tenets set forth in the preamble. Article 3 - The Turkish State is an indivisible whole comprising its territory and people. Its official language is Turkish. Its capital is the city of Ankara. Article 4 - Sovereignty is vested in the nation without reservation and condition. The nation shall exercise its sovereignty through

666-631: Is an advisory organization, comprising the Chief of General Staff , the four main Commanders of the TAF, the President and select members of the Council of Ministers, to develop the "national security policy of the state" (A118). In Article 175, it also sets out the procedure of its own revision and amendment by either referendum or a qualified majority vote of 2/3 in the National Assembly. It does not recognize

740-851: Is currently Bekir Şahin . In case of indictments against political parties, the Chief Public Prosecutor of the Court of Cassation appears before the Constitutional Court . The Turkish Council of State ( Danıştay ) is the highest administrative court in Turkey. It is equivalent to a federal supreme administrative court such as the Conseil d'Etat in France or the Federal Administrative Court of Germany (Bundesverwaltungsgericht). The Court of Jurisdictional Disputes ( Uyuşmazlık Mahkemesi )

814-557: Is only the parliament that has the power to enact laws (A87) and ratify treaties of the Republic with other sovereign states (A90). The President of the Republic is elected by direct election and has an executive role as the Head of State , "representing the Republic of Turkey and the unity of the Turkish Nation" (A104). The President was elected by the parliament until 2007, and had a ceremonial role until 2017. Article Nine affirms that

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888-476: Is the bill of rights . Article Twelve guarantees "fundamental rights and freedoms", which are defined as including the: Article Five of the Constitution sets out the raison d'être of the Turkish state, namely "to provide the conditions required for the development of the individual's material and spiritual existence". Many of these entrenched rights have their basis in international bills of rights , such as

962-524: Is the Turkish Council of State ( Danıştay also called Supreme Administrative Court) or, equivalent to a federal supreme administrative court such as the Conseil d'Etat in France or the Federal Administrative Court of Germany (Bundesverwaltungsgericht). The Court of Accounts ( Sayıştay ) is Turkey's supreme audit institution charged with auditing, on behalf of the Parliament, all accounts related to

1036-456: Is the final authority to settle disputes concerning verdicts and the competences of the Justice, Administrative or Military Courts. This court is made up of members from the Court of Cassation's General Assembly and the Council of State's General Assembly. Civil courts look at cases related to subjects like ownership, contract violation, divorce and inheritance. There are two forms of civil courts:

1110-500: The Danıştay (The Council of State) the highest court for the former (A155) and Yargıtay (High Court of Appeals) the highest court for the latter (154). Part Four, Section Two allows for a Constitutional Court that rules on the conformity of laws and governmental decrees to the Constitution. It may hear cases referred by the President of the Republic, the government, the members of Parliament (A150) or any judge before whom

1184-530: The Nation as a whole". Part Three, Chapter One (Articles 75–100) sets the rules for the election and functioning of the Turkish Grand National Assembly as the legislative organ, as well as the conditions of eligibility (A76), parliamentary immunity (A83) and general legislative procedures to be followed. Per Articles 87 and 88, both the government and the parliament can propose laws, however it

1258-553: The Turkish War of Independence in order to prosecute those who were against the system of the government. Eight such courts were established. They were located in Ankara, Eskişehir, Konya, Isparta, Sivas, Kastamonu, Pozantı, and Diyarbakır . The last one was abolished in 1927. Under the 1982 Constitution the then military government established State Security Courts ( Devlet Güvenlik Mahkemeleri , DGM) to try cases involving crimes against

1332-554: The Universal Declaration of Human Rights , which Turkey was one of the first nations to ratify in December 1948. Besides the provisions establishing Turkey as a secular state, Article 10 goes further with regards to equality of its citizens by prohibiting any discrimination based on their " language , race , color , sex , political opinion , philosophical convictions or religious beliefs " and guaranteeing their equality in

1406-464: The " judicial power shall be exercised by independent courts on behalf of the Turkish Nation". Part Four provides the rules relating to their functioning and guarantees their full independence (A137-140). The judiciary conforms to the principle of separation of powers not only through its independence from the executive and legislative branches of government but by being divided into two entities, Administrative Justice and Judicial Justice, with

1480-463: The "material and spiritual well-being of the Republic". The basic nature of Turkey is laïcité ( 2 ), social equality ( 2 ), equality before law ( 10 ), the Republican form of government ( 1 ), the indivisibility of the Republic and of the Turkish Nation ( 3.1 )." Thus, it sets out to found a unitary nation-state based on the principles of secular democracy . Fundamental Aims and Duties of

1554-462: The Constitution establishing the form of the state as a republic shall not be amended nor shall any motion therefore be made. Unlike the former constitution, the new constitution was based on human rights; with Article 11, the individual's freedom was secured at all times. The phrase social state was included in this Constitution for the first time. The new constitution also introduced the Senate, to form

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1628-454: The Constitution, which prohibits the teaching of any language other than Turkish as a first language in schools. The Turkish constitutional principle of not allowing the teaching of other languages as first languages in schools to its citizens , other than the official one is criticized by the EU, human rights organizations and minorities of Turkey. The Kurds , who comprise between 10 and 20% of

1702-502: The Constitutional amendment which took place 2010, the composition of The High Council of Judges and Prosecutors was completely changed. It currently consists of 22 members. Ten members out of 22 are elected among the judges and prosecutors by their colleagues working in first instance courts. While five members are supreme judges elected by other supreme judges, four members of High Council are appointed among lawyers and law professors by

1776-568: The Court of Cassation or the Council of State. In the Country Report on Human Rights Practices in Turkey in 2006 (released by the Bureau of Democracy, Human Rights, and Labor in the US State Department on March 6, 2007) it was stated: The High Council of Judges and Prosecutors was widely criticized for undermining the independence of the judiciary. The minister of justice serves as chairman of

1850-731: The Criminal Procedure Code)". Most of the cases heard in these courts concern cases of political prisoners . Abolished in 2017, the military related cases were picked up by the Heavy Penal Courts and the Criminal Courts of first instance. The military court system exercised jurisdiction over military personnel and during periods of martial law . The duties are described in Article 11 of Law 1402 on Martial Law of May 1971. Further details are laid out in Articles 11 to 14 of Law 353 on

1924-518: The DGMs were formally abolished. The DGMs were transformed into Heavy Penal Courts, authorized to try only cases involving organized crime and terrorism. In cases of state security, genocide, crimes against humanity, or war crimes, the military discipline courts would take over. Since the entering into law of a new Criminal Procedure Code on 1 June 2005, the official name for these courts has been "Heavy Penal Courts (competent to examine crimes under article 250 of

1998-574: The Foundation and Criminal Procedures at Military Courts of October 1963 (revised in October 2006). The military court system consisted of Military Courts had jurisdiction to try military personnel for military offenses, for offenses committed by them against other military personnel or crimes committed in military places, or for offenses connected with military service and duties. Under martial law military courts were competent to try all offences that led to

2072-637: The Peace Courts and the Civil Courts of First Instance. The Peace Courts ( Sulh Mahkemeleri ) are the lowest civil courts in Turkey with a single judge. There is at least one in every district. Its jurisdiction covers all cases assigned to the court by the Code of Civil Procedure and other laws. The second form is the Civil Courts of First Instance ( Asliye Hukuk Mahkemeleri ), which are the basic courts. Their jurisdiction covers all civil cases other than those assigned to

2146-611: The President of Republic and one comes from Judicial Academy. Minister of Justice is the president of High Council and The Undersecretary of the Justice Minister is also an ex-officio member. In the existing system, the High Council of Judges and Prosecutors has its own Secretariat. In addition, the Inspection Board operates under the authority of High Council. Public charges are brought by prosecutors ( savcı ). Their full title

2220-465: The President of the Republic and the Council of Ministers within the framework of law. Article 7 - Judicial power shall be exercised by independent courts on behalf of the Turkish nation. Article 8 - Laws shall not be in conflict with the Constitution. The provisions of the Constitution shall be the fundamental legal principles binding the legislative, executive and judicial organs, administrative authorities and individuals. Article 9 - The provision of

2294-632: The State Security Courts to be a violation of the fair trial principles set out in Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). On the 18 June 1999 the then Grand National Assembly of Turkey voted to ban military judges from the bench of State Security Courts. In the context of a package of reforms to the Constitution passed in June 2004,

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2368-564: The State is defined in Article 5 . Constitution establishes a separation of powers between the Legislative Power ( 7.1 ), Executive Power ( 8.1 ), and Judicial Power ( 9.1 ) of the state . The separation of powers between the legislative and the executive is a loose one, whereas the one between the executive and the legislative with the judiciary is a strict one. Part Two of the constitution

2442-468: The Turkish Nation, the Republic or the Grand National Assembly of Turkey , shall be punishable by imprisonment of between six months and three years" and also that "Expressions of thought intended to criticise shall not constitute a crime". Orhan Pamuk 's remark "One million Armenians and 30,000 Kurds were killed in these lands, and nobody but me dares talk about it" was considered by some to be

2516-493: The Turkish population are not allowed to get education in their mother tongue because of this article. Currently Circassian , Kurdish , Zaza , Laz languages can be chosen as lessons in some public schools. Since 2003, private courses teaching minority languages can be offered, but the curriculum, appointment of teachers, and criteria for enrollment are subject to significant restrictions. All private Kurdish courses were closed down in 2005 because of bureaucratic barriers and

2590-446: The administration are based on the principles of centralization and local administration". The Turkish Armed Forces (TAF) are subordinate to the President, in the capacity of Commander-in-Chief. The Chief of General Staff of the TAF is responsible to the President in the exercise of his functions, and the latter is responsible, along with the rest of the Council of Ministers, before the parliament (A117). National Security Council

2664-411: The admission of judges and public prosecutors of courts of justice and administrative courts into the profession, appointments, transfers to other posts, the delegation of temporary powers, promotion to the first category, the allocation of posts; decisions concerning those whose continuation in the profession is found to be unsuitable; the imposition of disciplinary penalties and removal from office. After

2738-424: The amendment of Yargitay Act in 2016 by the Parliament, the number of chambers will be decreased to 12 civil and 12 criminal chambers and total number of member of Court will be decreased to 210 until the end of 2018. The highest judge, who holds the title First President ( Birinci Başkan ), is currently Mehmet Akarca . The Court of Cassation also has a Chief Public Prosecutor ( Yargitay Cumhuriyet Başsavcısı ), who

2812-430: The announcement of martial law. Article 14 of Law 353 described the offences to be tried at military courts in time of war. According to Article 2 of Law 353 the courts consisted of two military judges ( askeri hâkim ) and an officer. In cases involving more than 200 defendants the bench had four judges and one officer. Military prosecutors ( askeri savcı ) would be appointed according to the need. Judges and prosecutors held

2886-420: The audit court audits state institutions. Most cases were prosecuted in the general law courts, which include civil, administrative, and criminal courts. In 2004 parliament adopted legislation providing for the establishment of regional appeals courts to relieve the high court's caseload and allow the judiciary to operate more efficiently. The Constitution mentions the following 4 organizations as higher courts in

2960-430: The authority of general Turkey Bar Association. All law school graduates has a right to be included their city's bar association. The Turkish court system does not recognize the concept of a jury . Verdicts for both criminal and civil trials are decided by a judge , or usually a panel of three judges, who have to base their verdicts on the law and their conviction. A judge is also a law school graduate and can be one of

3034-532: The authorized agencies as prescribed by the principles laid forth in the Constitution. The right to exercise such sovereignty shall not be delegated to any one person, group or class. No person or agency shall exercise any state authority, which does not derive its origin from the Constitution. Article 5 - Legislative power is vested in the Grand National Assembly. This power shall not be delegated. Article 6 - The executive function shall be carried out by

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3108-645: The basis of the original Code. The Criminal Code , originally based on the Italian Criminal Code, was replaced in 2005 by a Code with principles similar to the German Penal Code and German law generally. Administrative law is based on the French equivalent and procedural law generally shows the influence of the Swiss, German and French legal systems. The general term for members of the legal profession in Turkey

3182-508: The careers of judges and prosecutors through appointments, transfers, promotions, reprimands, and other mechanisms. The judicial system is composed of general law courts; specialized heavy penal courts; the Constitutional Court, the nation's highest court; and three other high courts. The Court of Cassation hears appeals for criminal cases, the council of state hears appeals of administrative cases or cases between government entities, and

3256-510: The country: The basic function of the Constitutional Court ( Anayasa Mahkemesi ), established in the 1961 Constitution , is to examine the constitutionality, in both form and substance, of laws, and decrees with the power of law and the Rules of Procedure of the Grand National Assembly of Turkey (GNAT). Other functions of the Court are as follows: The Constitutional Court is composed of 11 regular and four substitute members. Decisions are made when

3330-429: The criminal courts still are named according to the penalties they were entitled to pass. Penal courts of first instance (or simply penal courts, asliye ceza ) are courts with a single judge deciding on minor cases. There is one in every city and in every district, sometimes divided into several branches according to the need and population. The heavy penal courts (Interpol terms them Central Criminal Courts ) consist of

3404-539: The earlier Constitution of 1961 . The constitution was amended 21 times, three of them through a referendum: 2007 , 2010 , 2017 , one of them partly through referendum: 1987 . As of April 2016, 113 of the 177 articles of the Constitution of 1982 were amended overall. The first constitution of the Ottoman Empire was adopted in 1876 and revised in 1908 . Since its founding, the modern Turkish state has been governed under four documents: The current constitution

3478-550: The eleven members convene. The decisions of the Constitutional Court are final. These decisions cannot be amended in any manner and their application cannot be delayed. Currently, the head of the Turkish Constitutional Court is Mr. Zühtü Arslan , who holds the title President of the Constitutional Court ( Anayasa Mahkemesi Başkanı ). The Court of Cassation ( Yargıtay ) is the last instance for reviewing rulings and judgments rendered by justice courts, criminal courts,

3552-468: The examination courts and renders verdicts upon appeal. The opinions rendered by the Court of Cassation are taken as precedents for legal rulings in the first instance courts throughout the country, so that uniform application may be achieved. It is also able to modify its own ruling upon request. The Court of Cassation is divided into civil law and penal law chambers ( hukuk ve ceza daireleri ).Though Yargitay currently 20 civil and 20 criminal chambers, after

3626-490: The eyes of the law . Borrowing from the French Revolutionary ideals of the nation and the Republic, Article 3 affirms that "The Turkish State, with its territory and nation, is an indivisible entity. Its language is Turkish ". Article 66 defines a Turkish civic identity: "everyone bound to the Turkish state through the bond of citizenship is a Turk". Article 26 establishes freedom of expression and Articles 27 and 28

3700-517: The following: The criminal judges serve at a penal court. These courts ( mahkemeler ) are separated into ağır ceza (assize court), asliye ceza (penal court of first instance), and sulh ceza (penal court of peace). The civil judges serve at civil courts of first instance or at civil courts of peace ( sulh or asliye hukuk mahkemeleri ), while administrative judges serve in administrative courts ( idari mahkemeler ). The Council of Judges and Public Prosecutors ( Hâkimler ve Savcılar Kurulu ) deals with

3774-414: The freedom of the press, while Articles 33 and 34 affirm the freedom of association and freedom of assembly , respectively. Classes are considered irrelevant in legal terms (A10). The Constitution affirms the right of workers to form labor unions "without obtaining permission" and "to possess the right to become a member of a union and to freely withdraw from membership" (A51). Articles 53 and 54 affirm

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3848-434: The guardians of the secular and unitary nature of the Republic along with Atatürk's reforms and have intervened by taking over the government three times: in 1960 , in 1971 and in 1980 . Turkish Constitution of 1961 The Constitution of 1961 , officially titled the Constitution of the Republic of Turkey ( Turkish : Türkiye Cumhuriyeti Anayasası ), was the fundamental law of Turkey from 1961 to 1982. It

3922-586: The immunity from prosecution the former leaders of the early 1980s military coup gave themselves. The Constitution of 1982 has been criticized as limiting individual cultural and political liberties in comparison with the previous constitution of 1961 . Per the Treaty of Lausanne which established the Turkish Republic, legally, the only minorities are Greeks , Armenians and Jews , which also have certain privileges not recognized to other ethnic communities, per

3996-407: The matter. Likewise, it is mandatory to undergo a mediation process in relation to commercial disputes before initiating litigation proceedings before the relevant court. Some other quasi-legal authorities that must be used before applying to court are as follows: An Independence Tribunal ( İstiklâl Mahkemesi ) was a court invested with superior authority and the first were established in 1920 during

4070-411: The parties are not permitted by law to apply to court before exhausting alternative dispute resolution (ADR) processes, whereas in some other disputes, the parties can voluntarily apply to have their dispute settled through ADR. For instance, it is required to undergo mediation in disputes between an employee and an employer regarding employee receivables and reemployment claims before filing a lawsuit in

4144-428: The peace courts. There is one in every city and district, and sometimes divided into several branches according to the need and necessity. Within the scope of Civil Courts of First Instance, there are specialized courts for certain legal areas: Criminal courts look at cases related to subjects like assault, robbery, murder, arson and rape. Even though the penalties are no longer divided into light and heavy sentences,

4218-476: The people. The sovereignty rests with the Turkish Nation, who delegates its exercise to an elected unicameral parliament, the Turkish Grand National Assembly . The Article 4 declares the immovability of the founding principles of the Republic defined in the first three Articles and bans any proposals for their modification. The preamble also invokes the principles of nationalism , defined as

4292-450: The principles laid down in the Constitution". The same article also rules out the delegation of sovereignty "to any individual, group or class" and affirms that "no person or agency shall exercise any state authority which does not emanate from the Constitution". Article 80 (A80) affirms the principle of national sovereignty : "members of the Turkish Grand National Assembly represent, not merely their own constituencies or constituents , but

4366-449: The reluctance of Kurds to have to "pay to learn their mother tongue." In 2015, only 28 schools provided Kurdish language as a selective course. Also, neither private nor public schools are still allowed to use Kurdish language or other languages than Turkish as a first language. The constitution grants freedom of expression, as declared in Article 26 . Article 301 of the Turkish penal code states that "A person who publicly denigrates

4440-546: The revenues, expenditures and property of government departments financed by general and subsidiary budgets. No applications for judicial review of its decisions shall be filed in administrative courts. There's a debate on whether Sayıştay is a supreme court, or even a court in the strictest sense. The Turkish constitution is said to contradict with itself by not listing Sayıştay amongst supreme courts in articles 146-159 while allowing no appeals to most of its decisions, effectively giving it supreme court power. In certain disputes,

4514-422: The right of workers to bargain collectively and to strike , respectively. Article Seven provides for the establishment of a unicameral parliament as the sole organ of expression of sovereign people. Article Six of the Constitution affirms that "sovereignty is vested fully and unconditionally in the nation" and that "the Turkish Nation shall exercise its sovereignty through the authorised organs as prescribed by

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4588-472: The right to popular initiatives: Only the members of Parliament can propose modifications to the Constitution. A revision of the Constitution was approved on September 13, 2010, by a 58 percent approval given by the 39 million people who voted. The change would allow the National Assembly to appoint a number of high-court judges, would reduce the power of the military court system over the civilian population and would improve human rights. The changes also remove

4662-706: The rules for the confirmation and functioning of the executive, consisting of the President of the Republic and the Council of Ministers (A109). Executive power was shared between the Prime Minister and the Council of Ministers until 2017. Part Three, Chapter Two, Section Four organizes the functioning of the central administration and certain important institutions of the Republic such as its universities (A130-132), local administrations (A127), fundamental public services (A128) and national security (A117-118). Article 123 stipulates that "the organisation and functions of

4736-477: The same grounds. Kerinçsiz was indicted in the 2008 Ergenekon investigation , along with many others. Although modified several times in the last three decades, specifically within the framework of European Union reforms, the 1982 constitution is also criticised for giving the military too much influence in political affairs via the National Security Council . Turkish Armed Forces see themselves as

4810-473: The security of the state were now punishable under this law. The panel of three judges in each DGM included a military judge. As armed forces officers, such military judges remained dependent on the military for salary and pension, subject to military discipline and therefore not independent of military control. In a number of cases the European Court of Human Rights has found the presence of military judges in

4884-506: The security of the state, and organized crime. It would also act as a domestic tribunal to try cases involving genocide, crimes against humanity, and war crimes. The DGMs began to operate from May 1984 and replaced military courts which had been in operation during the martial law period. They existed only in eight (of then 67 and now 81) provinces. In April 1991 the Law to Fight Terrorism (Law 3713) entered into force and cases involving crimes against

4958-453: The seven-member high council, and the justice ministry undersecretary also serves on the council. The high council selects judges and prosecutors for the higher courts and is responsible for oversight of the lower courts. The high council is located in the Ministry of Justice and does not have its own budget. While the constitution provides for job security through tenure, the high council controls

5032-454: The title judge ( hâkim or yargıç ) along with their ordinary officer's ranks whether they are on the bench or prosecutors. In military courts, there rarely were defense lawyers to the accused, although the defendants were entitled to legal counsel from military personnel with the title askeri hâkim . The Military Court of Cassation ( Askeri Yargıtay ) was the court of final instance for all rulings and verdicts rendered by military courts. It

5106-577: The treaty. According to the European Union, the constitution denies the fundamental rights of the Kurdish population because some articles, especially article 42, are against minority rights. The Council of Europe ’s European Commission against Racism and Intolerance (ECRI) published its third report on Turkey in February 2005. The commission has taken the position that the parliament should revise Article 42 of

5180-583: Was also a court of first and final instance with jurisdiction over certain military personnel, stipulated by law, with responsibility for any specific trials of these persons. It had a President, usually a brigadier general and a Chief Prosecutor usually a colonel . The Military High Court of Administration or the Supreme Military Administrative Court ( Askeri Yüksek İdare Mahkemesi ) had jurisdiction over military personnel in administrative cases or active military service. Its organization

5254-436: Was introduced following the 1960 coup d'état , replacing the earlier Constitution of 1924 . It was approved in a referendum held on 9 July 1961, with 61.7% of the nation voting in favor. It remained in force until the 1980 coup d'état , following which it was replaced by a new document, the Constitution of 1982 , which remains in force today. Article 1 - The Turkish State is a republic. Article 2 - The Turkish Republic

5328-498: Was made in March 2011. Following the 2017 constitutional referendum , fundamental changes were introduced including changing the parliamentary system in Turkey to a presidential system . The executive, legislative and judiciary power under control by the president may cause less democracy. The Constitution asserts that Turkey is a secular ( 2.1 ) and democratic ( 2.1 ) republic ( 1.1 ) that derives its sovereignty ( 6.1 ) from

5402-518: Was ratified by popular referendum during the military junta of 1980-1983 . Since its ratification in 1982, the current constitution has overseen many important events and changes in the Republic of Turkey, and it has been modified many times to keep up with global and regional geopolitical conjunctures. Major amendments were made in 2010. A minor amendment to Article 59, on the permissible means for challenging "decisions of sport federations relating to administration and discipline of sportive activities,"

5476-484: Was similar to that of the Military Court of Cassation. Note that military courts and civilian courts did not act as subordinates to each other. They were independent from each other and should be immune to political influence. Also note that military courts are exceptional and were only available in military restricted areas. Constitution of Turkey The constitution was ratified on 7 November 1982. It replaced

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